10-29-07 Item 4J, CUP for 1230 Red Fox Road

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successors, executors, administrators and assigns of the parties to this Agreement; (b) this Agreement is governed by the laws of the state in which the Site is located: (c) If requested by SSlP, ONner agrees promptly to execute and deliver to SSLP a recordable Memorandum of this Agreement in the form of Exhibit B; (d) this Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be in writing and executed by both parties; (e) if any provision of this Agreement is invalid or unenforceable with respect to any party. the remainder of this Agreement or the applfcation of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valKl and enforceable to the fuUest extent pem1itted by law; and (f) the prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the teons of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. 20, Non.Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party. This . Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. The fonowing Exhibits are attached to and made a part of this Agreement Exhibits A and B. By: Its: City 'A mi istrator Name: lyn7 I Date: I .." ~ I Tax No.: 41-6008992 Address: 1450 West Highway 96 Arden Hills, MN 55112-5794 By: lis: D Date: