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EL185\75\970271.v12 <br />governmental delay, adverse weather conditions, terrorism, or other reason of <br />like nature not the fault of the Buyersuch failure or delay is caused by or <br />results from acts beyond the Buyer’s reasonable control, including the <br />following: fire, flood, earthquake or explosion; war, invasion, hostilities, <br />terrorist threats or acts, riot, or other civil unrest; government order or law; <br />strikes, labor stoppages or slowdowns; or epidemic, pandemic. The building <br />on the Property must be an office building that is at least 6,000 square feet. <br />Upon the timely commencement of construction, the HRA agrees to execute <br />and deliver to Buyer a recordable form of the satisfaction of such covenant <br />and waiver of any right of the HRA to purchase the Property, which may be <br />recorded by Buyer at Buyer’s expense in the public records for Sherburne <br />County, Minnesota. <br />4.5. Miscellaneous. Except as amended by this Amendment, the Agreement shall remain in full <br />force and effect. <br />IN WITNESS WHEREOF, the parties have executed this ForthFourth Amendment to <br />Purchase and Sale Agreement as of the date written above. <br />SELLER:BUYER: <br />ELK RIVER HOUSING AND RONALD J. TOUCHETTE, <br />REDEVELOPMENT AUTHORITY, <br />Denny Chuba, President Ronald J. Touchette <br />Brent O’Neil, Executive Director <br />Page 12 of 45