2011-02-09 CC Packet - Laserfiche WebLink

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To the Public Entity at: City of Centerville, 1880 Main Street Centerville, MN 55038 Attention: Mike Jezoirski, Finance Director To the DNR at: Minnesota Department of Natural Resources Division of Forestry , 500 Lafayette Road St. Paul, MN 55155 Attention: Ken Holman, Community Forest Program Coordinator To the Commissioner of MIlViB at: Minnesota Deparhnent of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 6.13 Binding Effect and Assignment or Modification. This Agreement and the Certification and/or the Declaration shall be binding upon and inure to the benefit of the Public Entity and the DNR, and their respective spccessors and assigns. Provided, however, that neither the Public Entity ' nor the DNR may assign any of its rights or obligati ns under this Agreement or the Declaration without �, the prior written consent of the other pariy. No change or modification of the terms or provisions of this � Agreement or the Certification and/or the Declaration shall be binding on either the Public Entity or the � DNR unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. '�, Section 6.14 Waiver. Neither the failure by the Public Entity, the DNR, or the Commissioner of ' M1vvIB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the '� complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the DNR, or the Commissioner of MIvIB, as a third party beneficiary of this Agreement, to exercise any right, privile�e, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the DNR, or the Commissioner of Ml��, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 6.15 Entire Agreement. This Agreement, the Certification andJor the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the DNR, and there are no other agreements, either oral or written, between the Public Entity and the DNR on the subject matter hereof. Section 6.16 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Certification and/or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect 12 33