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theCityin connection with the performanceof its duties under this <br />Agreement, including, without limitation, any litigation arising from this <br />Agreement or involving the subject matter of this Agreement, except as to <br />negligence or willfulmalfeasance of the City. <br />11.Wherever any notice is required or permitted under this Agreement, the <br />notice shall be in writing and shall be deemed given on personal delivery <br />or upon mailing in the United States Mail, registered or certified mail, <br />return receipt requested, postage prepaid, to the addresses set outbelow or <br />at other addresses as specified by written notice delivered in accordance <br />with this Agreement: <br />a.Owner:Propel Investments, L.L.C. <br />Attention: Patrick Walsh <br />13973 Geneva AvenueNorth <br />Hugo MN 55038 <br />With Copy to pjw.walsh@gmail.com <br />b.City:City of Centerville <br />Attention:City Administrator, Mark Statz <br />1880 Main Street <br />Centerville, MN 55038 <br />With Copy toMStatz@centervillemn.com <br />12.Miscellaneous. <br />a.Assignment/Enforcement. This Agreement shall be binding upon <br />the partieshereto 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 />awriting 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 Cityand Ownerprovided,however, <br />this Agreement shall not become binding upon theCityuntil it has <br />received manually executed original copies of the same from each <br />of the foregoing named parties and theCityhas 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 orunenforceable by a final, <br />non-appealable order entered by a court of competent jurisdiction, <br />4 <br />Centerville -7085 Centerville Road -ESCROW AGREEMENT -Version 03052021-1 <br />20 <br /> <br />