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<br /> 00115223.DOC / v. 4 3 <br /> <br /> <br /> To City: <br /> <br /> Public Works Director and City Engineer <br /> City of Arden Hills <br /> 1245 West Highway 96 <br /> Arden Hills, MN 55112 <br /> dswearingen@cityofardenhills.org <br /> <br /> 4. Enforcement/Attorney Fees. Any party(ies) hereto shall have the right to enforce <br />the provisions of this Memorandum against the other party(ies) by a proceeding at law or in equity. <br />In any such action at law or in equity to enforce or construe any provisions or rights under this <br />Memorandum, the unsuccessful party(ies) to such litigation, as determined by the court in a final <br />judgment or decree, shall pay the successful party(ies) all costs, expenses, and reasonable attorneys' <br />fees incurred therein by such successful party(ies) (including, without limitation, such costs, <br />expenses, and fees on any appeals), and if such successful party(ies) shall recover judgment in any <br />such action or proceeding, such costs, expenses, and attorneys' fees shall be included as part of <br />such judgment. <br /> <br /> 5. Counterparts. This Memorandum may be executed in one or more counterparts, <br />each of which shall be deemed an original, but all of which together shall constitute one and the <br />same instrument. Any signature page of this Memorandum may be detached from any counterpart <br />of this Memorandum without impairing the legal effect of any signatures thereon and may be <br />attached to another counterpart of this Memorandum identical in form hereto but having attached <br />to it one or more additional signature pages. Executed copies hereof may be delivered by facsimile <br />or as an attachment to electronic mail in Adobe Systems, Inc. Portable Document Format (PDF) <br />or other graphic file type and upon receipt will be deemed originals and binding upon the parties <br />hereto, regardless of whether originals are delivered thereafter. <br /> <br /> 6. Authority. Each person whose signature is affixed hereto represents and warrants <br />that such person is authorized to execute this Memorandum on behalf of and to bind the entity on <br />whose behalf such person's signature is affixed. <br /> <br />[balance of page is blank] <br /> <br /> <br /> <br />