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ARTICLE X
<br />Additional Pravisions
<br />Section 1 Q. �. Conflict of I�teresis; Citv Representatives Not Individuailv Liabie. The City and
<br />the Developer, to the best oi their respective knowIedge, represent and agree that no inember, off'icial, or
<br />employee of the City shall have any personal interast, direct or indirect, in the Agreem�nt, nor shall any
<br />such member, of£'xcial, or eziaployee participate in an� decision relating to the Agreern�nt which affects his
<br />personal interests or the interests of any corporation, liability campany, or association in which he is,
<br />directly or indirectty, interested. No member, offcial, or employee of the City shall be personally liable
<br />to the Developer, or any successor in interest, in the event of any default or breach by the City or County
<br />or far any amount which may beconne due to the Developer ar successor or an any obligations under the
<br />terms of the Agreement.
<br />Section IU.2. Equal Employment O�o�tunitv. The Developer, for itself and its successors and
<br />assigns, agrees that during the construction of the Min�rtum Improver�ents provided for in the Agreement
<br />it wi11 comply with all applicable federaI, state and loca� equal ernployment and non-discrimination laws
<br />and regulations.
<br />Section 10.3. Restrictions on Use. The Developer agrees that, prior to the Maturity Date, the
<br />Developer, az�d such successors and assigns, shall use the Develapment Property solely %r the
<br />development of commercial irrzprovefne:nts in accordance with the terms of this Agr�ement, and shalt not
<br />discriminate upon the basis of race, color, creed, sex or national arigin in the sale, lease, or rental or in the
<br />use or occupancy of the Developrrfent Property, the Minimum Irnprovements, or any irnprov�m�nts
<br />eracted or to be erected thereon, or any part thereof.
<br />Section 10.4. Provisions Not Mer�ed With Deed. None of the provisions of �his Agreement are
<br />intended to ar shall be zxzerged by reason of any deed transferring any interest in the De�elopment
<br />Property a�d any such deed shall not be deamed to affect or impair the provisions and covenants of this
<br />Agreement.
<br />Section 10.5. Titles of Ar�icles and Sections. Any titles of the several parts, Articles, and
<br />Sections of the Agreement are inserted for canvenience of reference only and shall be disregarded in
<br />construing or interpreting any of its provisions.
<br />Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement,
<br />a notice, dernand, or other communication under the Agreerrient by either party to the ather shall be
<br />sufficiently given or delivered if it is dispatched by registered ar certiiied mail, postage prepaid, ret�.�rn
<br />receipt requested, ar delivered personalIy; and
<br />{a) in the case of the DeveIoper, is addressed to or deIivered personally to the Developer clo
<br />Presbyterian Homes and Services, 2845 Hamline Ave. North, RosevilIe, MN: Attn: Chief Financial
<br />OfFicer.
<br />{b) in the case of the City, is addressed ta or delivered personal�y to the City at City Hall,
<br />1245 Highway 96 W, Arden Hills, MN 55112-5743; Attn: City Administratar
<br />or at suc�a oth;er address with respect to either such party as ti�at party may, fr�m time to time, designate in
<br />wri�ing and forward to the other as provided in this Section.
<br />378990v6 5J�3 AR200-f0 23
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