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<br />Section 6.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the
<br />Commissioner of Finance, as a third party beneficiary of this Agreement, in anyone or more
<br />instances, to insist upon the complete and total observance or performance of any term or
<br />provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of
<br />Finance, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy
<br />confelTed hereunder or afforded by law shall be construed as waiving any breach of such term,
<br />provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no
<br />delay on the part of either the Public Entity, the State Entity, or the Commissioner of Finance, as
<br />a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall
<br />operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy
<br />. preclude other or further exercise thereof or the exercise of any other right or remedy.
<br />
<br />Section 6.18 Entire Agreement. This Agreement, the Declaration, and the documents,
<br />if any, referred to and incorporated herein by reference embody the entire agreement between the
<br />Public Entity and the State Entity, and there are no other agreements, either oral or written,
<br />between the Public Entity and the State Entity on the subject matter hereof.
<br />
<br />Section 6.19 Choice of Law and Venue. All matters relating to the validity,
<br />construction,. performance, or enforcement of this Agreement or the Declaration shall be
<br />determined in accordance with the laws of the State of Minnesota. All legal actions initiated
<br />with respect to or arising from any provision contained in this Agreement shall be initiated, filed
<br />and venued in' the State of Minnesota District Court located in the City of St. Paul, County of
<br />Ramsey, State of Minnesota.
<br />
<br />Section 6.20 Severability. If any provision of this Agreement is finally judged by any
<br />court to be invalid, then the remaining provisions shall remain in full force and effect and they
<br />shall be interpreted, performed, and enforced as if the invalid provision did not appear herein.
<br />
<br />Section 6.21 Time of Essence. Time is of the essence with respect to all of the matters
<br />contained in this Agreement.
<br />
<br />Section 6.22 Counterparts. This Agreement may be executed in any number of
<br />counterparts, each of which when so executed and delivered shall be an original, but such
<br />counterparts shall together constitute one and the same instrument.
<br />
<br />Section 6.23 Matching Funds. The Public Entity must obtain and supply the following
<br />matching funds, if any, for the completion of the Project:
<br />
<br />One Hundred Thousand Fifty and no/dollars.
<br />
<br />Any matching funds which are intended to meet the above requirements must either be in the
<br />form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or
<br />contributions, including equity, which have been or will be used to complete or pay for the
<br />Project.
<br />
<br />Section 6.24 Third-Party Beneficiary. The public program to be operated in
<br />conjunction with the Real Property and, if applicable, the Facility will benefit the State of
<br />Minnesota and the provisions and requirements contained herein are for the benefit of both the
<br />
<br />City of Centerville City Park
<br />9/11/2006
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