6. HRSR 10-02-2006 - Laserfiche WebLink

Home Browse Search

4655, as amended by the Surface Transportation and Uniform Relocation A sistance ct of 198 and regulations adopted thereon (collectively "UR.A"). Seller acknowledge ~~l T advised that under the URA, if Seller were eligible to relocation assistance, ervices an ene~ts under the URA (which Seller is not), Seller may have been entitled to reesta is ent expenses, the costs of moving personal property and assistance in finding a relocation site as well as documenting any claim under the URA ("Relocation Benefits"). As a material condition to this Agreement, Seller waives, releases, discharges and promises to bring no claim whether legal or administrative for Relocation Benefits. 19. Assignment. Buyer may not assign Buyer's rights and obligations under this Agreement to a third party without the written consent of Seller, which consent Seller shall not unreasonably withhold. 20. Default. If either Party defaults in the performance of any of the Party's obligations under this Agreement, the non-defaulting Party may, after written notice to the defaulting Party, suspend performance of its obligations under this Agreement, and the rights of the non-defaulting Party are as follows: a. Buyer's Default. If Buyer defaults in the performance of any of Buyer's obligations under this Agreement, Seller may at Seller's option, either: (i) terminate this Agreement pursuant to Minnesota Statutes, Section 559.21; or (ii) initiate an action to compel Buyer's specific performance of Buyer's obligations under this Agreement provided that Seller commences such action within three (3) months of the date of Buyer's default. In any such action for specific performance, Seller may also recover Seller's attorneys fees and costs. The remedies set forth in this Section 20(a) are Seller's sole and exclusive remedies in the event of Buyer's default. b. Seller's Default. If Seller defaults in the performance of any of Seller's obligations under this Agreement, Buyer may, at Buyer's option, either: (i) terminate this Agreement pursuant to Section 21, below in which case Buyer will not be entitled to recover damages from Seller; or (ii) initiate a civil action to compel Seller's specific performance of Seller's obligations under this Agreement provided that Buyer commences such action within three (3) months of the date of Seller's default. In any such action for specific performance, Buyer may also recover Buyer's attorneys fees and costs. The remedies set forth in this Section 20(b) are Buyer's sole and exclusive remedies in the event of Seller's default. 1941727v5 1 0