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<br />ARTICLE X
<br />Additional Provisions
<br />Section I O.l . Conflict of Interests; City Representatives Not Individually_Liable_ The City and
<br />the Deve�oper, to the best of their respective knowledge, represen� and agree that no member, of�cial, or
<br />employee of the City shall have any personal interest, direct or indirect, in the Agreernent, nor shall any
<br />such member, official, or employee participate in any decision relating to the Agreement which affects his
<br />persona] interests ar t�e interests of any corporation, Iiability company, or association in which he is;
<br />direct�y or indirectly, interested. No member, officia�, or employee of the City shall be persanaily liable
<br />to the Developer, or any successor in interest, in the event of any default or breach by the City or County
<br />ar for any amount which inay become due to the Developer or successar or on any o�libations under tl�e
<br />terms of the Agreement.
<br />Section 10.2. Equa1 Employment Op�a�-tunity. The Developer, for itself and its suceessors and
<br />assigns, agrees that during the construction of the Minimum lmprovements provided for in the Agreement
<br />it will comply with a1] applicable federal, state and locai equal employrnent and non-discrimination Eaws
<br />and regu9ations.
<br />Section ] 0.3. Restrictions on Use. The Deveioper agrees that, prior to the Maturity Date, the
<br />Developer, and sucl� suceessors and assigns, shall use the Deveiopment Aroperty solely for tize
<br />development of commercial impravements in aceordance with the terms of this Agreeinent_ and shall not
<br />diseriminate upo� the basis of race, color, creed, sex or national origin in the sale, iease, or rental or in the
<br />use or occUpancy of the Developmer�t Property, the Minimum lmprovements; or any improvements
<br />erected or to be erected thereon, or any part thereof.
<br />Section I Q.4. Provisions Not Merged With Deed. None of the provisions af this Agreement are
<br />inte�►ded io or shall be merged by reasan of a�y deed transferring any interest ir� the Development
<br />Property and any suc� deed shaIl not be deemed to affect or impair the �ro�isions and co�enants o� this
<br />Agreement.
<br />Section 10.5. Titles of Articles and Sections. Any titles of the severa} parts, Artic3es, and
<br />Seetions of the Agreement are inserted for convenience of reference only and shall be disregarded in
<br />construing or interpreting any of its provisions.
<br />Section l0.fi. Notices aztd Demands. Except as otherwise expressly provided in this Agreement,
<br />a notice, demand, or other cammunicatio� under the Agreer�-�er�t by eit�er party to the other shal] be
<br />sufficientty give� or delivered if it is dispaiched by registered or certified r�ail, postage prepaid, return
<br />receipt requested, or delivered personally; and
<br />(a} in the case of the Developer, is addressed to or delivered personally to the De�eloper c/a
<br />Presbyterian Homes and Ser��ces, 2$45 Hamline Ave. North, Roseville, MN: Att��: Chief Financiai
<br />Oificer.
<br />{b} in the case of the City, is ac�dressed to or delivered personally to the City at City Hall,
<br />1245 Highway 96 W, Arden [-�i11s, MN 55] I2-5743; Attn: City Administratar
<br />or at such other address with respect to either s�zch paMy as #hat party rnay, from time to time, designate ir�
<br />writing and forward to the other as provided in this Section.
<br />378990vE0 SJB AR200-10 25
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