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Centerville, MN 55038 <br />With Copy to MStatz@centervillemn.com <br />11.Miscellaneous. <br />a.Assignment/Enforcement. This Agreement shall be binding upon <br />the parties hereto and their respective successors and assigns; <br />provided, however, that such assignment has been acknowledged <br />in writing, by all parties. <br />b.Amendment. This Agreement can be amended or modified only by <br />a writing signed by the parties hereto. <br />c.Jurisdiction. This Agreement shall be governed by the laws of the <br />State of Minnesota. <br />d.Counterpart. This Agreement may be executed in multiple original <br />counterparts, duly executed by City and Owner provided, however, <br />this Agreement shall not become binding upon the City until it has <br />received manually executed original copies of the same from each <br />of the foregoing named parties and the City has accepted the same <br />and delivered copies of said executed Agreement to each of said <br />parties. <br />e.Terms. If there be more than one person designated herein, the <br />verbs and pronouns associated therewith, although expressed in the <br />singular, shall be read and construed as plural. <br />f.Severability. In the even that any provision of this Agreement, of <br />part thereof, shall be held to be void or unenforceable by a final, <br />non-appealable order entered by a court of competent jurisdiction, <br />such determination shall not affect or impair the enforceability of <br />the remaining portions of this Agreement. <br />g.Authority. Each party hereto represents and warrants to the other <br />parties hereto that it has full power and authority to execute this <br />Agreement and to perform or cause to be performed the obligations <br />on its part to be performed. <br />h.Computation of Time. In the computation of a period of time, if <br />any, expressed in this Agreement, the day of the act or event from <br />which said period of time runs shall be excluded and the last day of <br />such period shall be included, unless it falls on a Saturday, Sunday, <br />or legal holiday observed by the recording office of the county in <br />which the real estate is located, in which case the period shall be <br />deemed to run until the end of the next day, which is not a <br />Saturday, Sunday, or such legal holiday. <br />i.Captions. The captions contained in this Agreement are for <br />convenience only and are not part of the terms, provisions, or <br />conditions of this Agreement. <br />j.Entire Agreement. This Agreement constitutes the entire <br />agreement of the parties hereto and supersedes any prior or <br />contemporaneous agreements, representations, or understandings, <br />whether written or oral. <br />Version 09012020-1 <br />4 <br /> <br />