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<br />the rate of 6.5% per annum and be payable it1 the year following the year in which <br />the cost was il1.curred by the City. <br /> <br />E. No Waiver. .Nothing herein shall be interpreted as a waiver by the City of the <br />obligation of Presbyterian Hom.es to cOlnply with all of the City's regulations wi.th <br />respect to the use of or discharge into the City's sallitary sewer system. <br /> <br />F. Billding Effect. This Agreement shall bind and inure to the benefit of the parties <br />hereto and their respective successors and pen11itted assigns. <br /> <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 agreenlents, whetl1er written or oral, relating thereto. <br /> <br />H. Modification and Waiver. N.o purported amendment, modification or waiver of <br />any provisions 11ereof shall be bi11ding 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 sh.all be limited to the <br />circumstance or event specifically referenced in the written waiver document and <br />shall n.ot be deemed a waiver of any other term thereof or of the same <br />circumstance or event upon any recurrence thereof. <br /> <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 Agreenlent. <br /> <br />IN WITNESS THEREO.F, tIle parties have exectlted this Agreement as of the day and <br />year first above written. <br /> <br />CITY OF ARDEN HIL.LS <br /> <br />By: <br />Stanley Harpstead., its Mayor <br /> <br />ST A T:E OF MINNESOTA ) <br />).SS <br />COUNTY OF RAMSEY ) <br /> <br />On this _ day of , 2009) before me, a notary public <br />within al1d for said county, personally appeared Stanley Harpstead, to me known to be the Mayor <br />of the City of Arden Hills, an.d he executed the foregoing instrument and acknowledged that he <br />executed the same by authority of and on behalf of the City of Ardell Hills. <br /> <br />Notary Public <br /> <br />3 <br />