CCP 07-20-1993 - Laserfiche WebLink

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. 6.02. Ri l!hts Cumulative. The rights and remedies of the parties of this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of anyone or more of such remedies shall not preclude the exercise by such party. at the same or different times. of any other remedy for the same default or breach or of any of its remedies for any other default or breach of the party. No waiver made by either such party with respect to the performance or the lIllIMer or time thereof. of any obligation under this Agreement, shall be considered a waiver with respect to the particular obligation of the other party or a condition to its own obligation beyond those expressly waived in writing and to the extent thereof. or a waiver in any respect in regard to any other rights of the party making the waiver of any obligations of the other party. Delay by a party hereto instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder. 6.03. Unavoidable Delavs. Wherever used in this Agreement, the term "Unavoidable Delays" shall mean a delay resulting from a cause over which the party required to make performance does not have conl1'Ol and which cannot or could not have been avoided by the exercise of reasonable care, including but not limited to acts of God, accidents. war, civil unrest, embargoes. strikes, unavailability of raw materials or manufactured goods, litigation and the delays .. of the other party or its contractors, agents or employees in the performance of their duties under or incident to this Agreement. 6.04. Term of Al!TeeTTIent. This Agreementshiill remain in effect until .2018; it being expressly agreed and understood that the provisions of this Agreement are intended to smvive the expiration and satisfaction of any security insauments placed of record contemporaneously with this Agreement, if such expiration and satisfaction occurs prior to the expiration of the. term of this Agreement, as stated in this Section 6.04. . Section 7. Administrative Provisions. 7.01. Notices. All notices, certificates or other communications required to be given to the City and the Partnership hereunder shall be sufficiendy given and shall be deemed given when delivered or deposited in the United States mail in certified form with postage fully prepaid and addressed as follows: If to the City: City of Arden Hills City Hall 1450 West Highway 96 Arden Hills, Minnesota 55112-5794 Am: City Administrator If to the Partnership: Cottage Villas of Arden Hills Limited Partnership 375 East Kellogg Boulevani Saint Paul, Minnesota 55101 Am: Mr. John Arkell The City and the Partnership. by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications shou:ld be sent. . -11- I