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<br />14.2. HRA’s Remedy. If the Buyer fails to consummate this Agreement for any reason <br />except the HRA’s default or the termination of this Agreement pursuant to a right <br />to terminate given herein, the HRA’s sole and exclusive remedy shall be to <br />terminate this Agreement by giving 30 days’ written notice to the Buyer, pursuant <br />to Minnesota Statutes Section 559.21, as amended from time to time, in which case, <br />the Earnest Money shall be retained by the HRA. <br /> <br />14.3. Indemnification Remedy. Notwithstanding the foregoing provisions of this Section <br />14, in the event of any default by the Buyer or the HRA under or in connection with <br />any indemnification pursuant to this Agreement, and in the event of any failure by <br />the defaulting party to cure such default within 30 days after the date of notice of <br />default by the non-defaulting party to the defaulting party, the non-defaulting party <br />shall be entitled to seek and recover all legal and equitable relief available under <br />applicable law, including, without limitation, monetary damages. <br /> <br />15. ASSIGNMENT. The Buyer may not assign the Buyer’s rights under this Agreement, <br />without prior written consent of the HRA, which shall not be unreasonably withheld. <br /> <br />16. SURVIVAL. All of the terms of this Agreement and warranties and representations herein <br />contained shall survive and be enforceable after the Closing. <br /> <br />17. NOTICES. Any notice required or permitted hereunder shall be given by personal delivery <br />upon an authorized representative of a party hereto; or if mailed by United States mail postage <br />prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid <br />with a nationally recognized, reputable overnight courier, properly addressed as follows: <br /> <br />If to the Seller: Elk River Housing and Redevelopment Authority <br /> Attn: Executive Director <br />13065 Orono Parkway <br />Elk River, MN 55330 <br /> <br /> With copy to: Sarah J. Sonsalla <br /> Kennedy & Graven, Chartered <br /> Fifth Street Towers, Suite 700 <br /> Minneapolis, MN 55402 <br /> <br />If to the Buyer: Ronald J. Touchette <br />7078 East Fish Lake Road <br />Maple Grove, MN 55311 <br /> <br />With copy to: Rock Solid Companies <br /> 7078 East Fish Lake Road <br /> Maple Grove, MN 55311 <br />Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as <br />aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice <br />by the other party shall commence to run one business day after any such deposit. Any party may <br /> <br />EL185-13-882695.v2 <br />