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Property, the Quit Claim Deed given pursuant to this paragraph <br />2B(4) must include the following statement: "The Seller certifies <br />that the Seller does not know of any wells on the described real <br />property " <br />f. Any other documents reasonably required by Title (as defined <br />below) to evidence that title to the Butcher's Spur is in the <br />condition required by this Agreement and that MT has complied <br />with the terms of this Agreement. <br />3. Contineeneies. The sales contemplated by this Agreement are contingent upon the <br />following: <br />A. The City's determination of marketable title with respect to the Butcher's Spur, <br />pursuant to paragraph 4 of this Agreement. <br />B. The City's receipt of the written assurances with respect to the environmental <br />condition of the Butcher's Spur, as contemplated by paragraph 6 of this <br />Agreement. <br />C. The approval by the United States Surface Transportation Board of the City's <br />application for abandonment of rail lines on the Butcher's Spur. <br />is D. MT's determination of marketable title with respect to the Exchange Property, <br />pursuant to paragraph 4 of this Agreement <br />E. The results of MT's environmental investigation, if any, of the Exchange Property <br />do not disclose the presence of Hazardous Substances on the Exchange Property, <br />as further described at paragraph 6 of this Agreement. <br />F. The construction of the Team Track on the Exchange Parcel, as provided at <br />paragraph 5 of this Agreement, is completed. <br />The contingencies at A, B and C above are solely for the benefit of City and may be waived by <br />City. The contingencies at D, E and F above are solely for the benefit of MT and may be waived <br />by MT. The deadline for waiving or satisfying the contingencies at A, D, and E is governed by <br />the respective provisions of this Agreement referenced at A, D and E above. The parties shall <br />have until the date of closing to remove the contingencies at B, C and F above. If the <br />contingencies are duly satisfied or waived, then the parties shall proceed to close the transaction <br />as contemplated herein. If, however, one or more contingencies is not satisfied, or is not satisfied <br />on time, and is not waived, this Agreement shall thereupon be void, at the option of the party <br />benefited by the outstanding contingency. If this Agreement is voided by a benefited party, the <br />City and MT shall execute and deliver to each other a termination of this Agreement. As a <br />contingent agreement, the termination of this Agreement is not required pursuant to Minnesota <br />• Statutes Section 559.21, et seq. <br />333478v2 .IMP NEI 36-221 <br />