8.4 SR 06-03-2024 - Laserfiche WebLink

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EL185\77\951318.v3 9 d. Any executed documents that may be required in the State of Minnesota in order for the deed to be recorded on the Closing Date. e. An affidavit of title with respect to the Property in a form satisfactory to the Title Company so as to enable the Title Company to remove standard title insurance exceptions that can be removed with such affidavit. f. A Well Disclosure Certificate. g. Such other documents as may be required to complete the transaction as set forth in this Agreement. 14. Documents to be Delivered by the Buyer. The Buyer agrees to deliver to the Seller the following documents (the “Buyer’s Documents”), duly executed as appropriate, at Closing: a. Such affidavits of Buyer, Certificates of Value or other documents as may be reasonably required in order to complete the transaction contemplated by this Agreement. b. Any documentary evidence required to satisfy the contingencies set forth herein. c. The Development Assistance Agreement, the Assessment Agreement (as defined in the Development Assistance Agreement), the Personal Guaranty (as defined in the Development Assistance Agreement), the Corporate Guaranty (as defined in the Development Assistance Agreement), the Mortgage (as defined in the Development Assistance Agreement), and any other documents required pursuant to the terms of the Financial Assistance Documents. d. Such other documents as shall be required to carry out the intent of this Agreement. 15. Casualty or Condemnation. If before the recording of the Deed any of the improvements on the Property are destroyed or substantially damaged by fire or any other casualty or any substantial part of the Property shall be taken by condemnation (including a deed given in lieu thereof), Buyer shall have the option of (i) enforcing this Agreement (and in such event the insurance proceeds or condemnation award shall belong to Buyer) or (ii) canceling the Agreement by written notice given within 30 days after Buyer receives notice of such casualty or condemnation from Seller. If this Agreement is canceled under this Section, this Agreement shall be null and void, and the Parties’ obligations hereunder shall be of no further force and effect. 16. Remedies. If either Party defaults under this Agreement, the non-defaulting party shall have the right to terminate this Agreement by giving written notice to the defaulting party. If the defaulting party fails to cure such default within 14 days of the date of such written notice, this Agreement will terminate. The termination of this Agreement shall be the sole and absolute remedy available to the non- defaulting Party for such default. 17. Commissions. Each party represents that it has not engaged any broker in connection with the transactions contemplated by this Agreement and agrees to indemnify and hold the other harmless from anyone claiming a commission/fee through them. Page 448 of 464