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the rate of 6.5% per annum and be payable in the year following the year in which <br />the cost was incurred by the City. <br />E. No Waiver. Nothing herein shall be interpreted as a waiver by the City of the <br />obligation of Presbyterian Homes to comply with all of the City's regulations with <br />respect to the use of or discharge into the City's sanitary sewer system. <br />F. Binding Effect. This Agreement shall bind and inure to the benefit of the parties <br />hereto and their respective successors and permitted assigns. <br />G. Entire Agreement. This Agreement represents the entire agreement and <br />understanding between the parties concerning the subject matter hereof and <br />supersedes all prior agreements, whether written or oral, relating thereto. <br />H. Modification and Waiver. No purported amendment, modification or waiver of <br />any provisions hereof shall be binding unless set forth in a written document <br />signed by all parties (in the case of amendments or modifications) or by the party <br />to be charged thereby (in case of waivers). Any waiver shall be limited to the <br />circumstance or event specifically referenced in the written waiver document and <br />shall not be deemed a waiver of any other term thereof or of the same <br />circumstance or event upon any recurrence thereof. <br />I. No Third -Party Benefit. Nothing in this Agreement, expressed or implied, is <br />intended to confer on any person other that the parties to this Agreement or their <br />permitted successors or assigns, any rights, remedies, obligations, or liabilities <br />under or by reason of this Agreement. <br />IN WITNESS THEREOF, the parties have executed this Agreement as of the day and <br />year first above written. <br />CITY O EN HI <br />� <br />By. , -�! <br />1s <br />Stanley st , Ws Mayor <br />STATE OF MINNESOTA ) <br />).SS <br />COUNTY OF RAMSEY ) <br />On this &— day of , 2009, before me, a notary public <br />within and for said county, perso lly the foregoing_ins <br />appeared Stanley Harpstead, to me known to be the Mayor <br />of the City of Arden Hills, and e executed trum an ackrf edged that he <br />executed the same by authority of and on beha� the City of Ar Hills.` <br />',REBECCA SRAZYS <br />Notarr Publ:Ali;nnecota <br />My Commission Expires Jan 31, 2010 <br />