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<br />Delivery of an executed copy of this Agreement by e-mail shall be deemed delivery of the executed <br />original. <br /> <br />25. Severability of Provisions. If any term or provision of this Agreement is illegal or <br />invalid for any reason, such illegality or invalidity shall not affect the validity or enforceability of <br />the remainder of this Agreement. <br /> <br />26. Purchaser’s Contingencies. Purchaser’s obligation to close under this Agreement <br />is expressly conditioned upon the following contingencies: <br /> <br />a. Within 120 days of its receipt of the Seller’s Documents (the “Due Diligence <br />Period”), Purchaser having determined that the content, information, terms or <br />provisions of the Seller’s Documents, the title commitment, the Appraisal if obtained <br />by Purchaser, and the New Survey if obtained by Purchaser, and the physical condition <br />of the Real Property, including, without limitation, its environmental condition, <br />and the zoning and land use laws, ordinances and regulations that are applicable to <br />the Real Property, are acceptable to Purchaser, in its sole discretion. Upon written <br />notice from Buyer prior to expiration of the Due Diligence Period, Seller shall <br />grant a one-time extension of the Due Diligence Period by 60 days. <br /> <br />b. Purchaser having obtained all necessary government approvals for its intended use <br />of the Real Property. Purchaser shall be responsible for the costs of obtaining any <br />necessary governmental approvals. Seller agrees to cooperate with Purchaser in <br />obtaining said approvals, if requested. <br /> <br />The foregoing contingencies are for Purchaser’s sole benefit. Whether or not they have <br />been satisfied shall be determined by Purchaser in the exercise of its sole and absolute discretion. <br />If these contingencies are not satisfied, or satisfaction thereof is not waived by Purchaser giving <br />written notice to Seller of said waiver on or before the expiration of the Due Diligence Period, <br />Purchaser, at its option, may terminate this Agreement by giving written notice to Seller on or <br />before the expiration of the Due Diligence Period. If Purchaser so terminates this Agreement, the <br />Earnest Money shall be promptly refunded to Purchaser and neither party shall have any further <br />rights, obligations, or liability hereunder, except that Purchaser’s indemnity obligations under <br />Paragraph 6 hereof shall survive any such termination. <br /> <br />27. Seller’s Contingencies. Prior to Closing, the following contingency shall be satisfied: <br /> <br />a. The Seller shall have approved the sale of the Real Property pursuant to this <br />Agreement following a duly noticed public hearing as required by Minnesota Statutes, <br />Section 469.105 and approval by the City’s planning commission as required by <br />Minnesota Statutes, Section 462.356. <br /> <br />872867.v1-4/28/23 <br />12 <br />