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8. Term. This Agreement shall commence on the date and year first above written and <br />shall continue in full force and effect until terminated as provided below. <br />9. Transfer of Ownership. Arden Hills assumes ownership of the Sewer as part of the <br />redevelopment of the Subject Property. <br />10. Termination. This Agreement may be terminated in the following manner: <br />a. By mutual written consent by the parties; <br />b. Upon 90 days' written notice by Mounds View, except that in the event of a <br />leak or other emergency, without notice, and; <br />C. Upon 90 days' written notice by Arden Hills upon a finding an alternate <br />method of serving Rice Creek Commons with sanitary sewer and finding the <br />Sewer is no longer necessary. <br />11. Reportin& BiflipZ and Payment. MCES shall prepare billing to be delivered to <br />Arden Hills. The City of Arden Hills shall remit payment to MCES. MCES will deduct the same <br />flow amount from MCES billing to the City of Mounds View. <br />The Mounds View City Engineer shall prepare quarterly use charge flow reports based on MCES <br />billing data and use charge billing to be delivered to Arden Hills. The City of Arden Hills shall <br />remit payment to the City of Mounds View within 30 days of receipt of the billing. <br />12. Governing Law. This Agreement shall be interpreted in accordance with and be <br />governed by the laws of Minnesota. <br />13. Counterparts. This Agreement may be executed in any number of counterparts, each <br />of which shall constitute one and the same instrument. <br />14. Amendment. This Agreement may be amended by the parties hereto only by written <br />instrument executed in accordance with the same procedures and formality followed for the <br />execution of this Agreement. <br />15. Merger. This Agreement is the final expression of the agreement of the parties and <br />the complete and exclusive statement of the terms agreed upon and shall supersede all prior <br />negotiations, understandings, or agreements. There are not representations, warranties, or <br />stipulations either oral or written not contained herein. <br />16. Severability. The provisions of this Agreement shall be deemed severable. If any <br />part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect <br />the validity and enforceability of the remainder of this Agreement unless the part or parts which are <br />void, invalid, or otherwise unenforceable shall substantially impair the value of the entire <br />Agreement with respect to either city. <br />3 <br />