2007-05-23 CC Set Agenda & Handouts

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." To the Public Entity at: City of Centerville 1880 Main Street . Centerville. MN 55038 Attention: John Meyer . To the State Entity at: Minpesota Department of Employment and Economic Development I st National Bank Building, 332 MUmesota Street Suite E200 S1. Paul, Minnesota 55101-1351 Attention: Brownfields and Community Assistance Unit To the Commissioner of Finance at: Minnesota Department of Finance 400 Centennial. Office Bldg. 658 Cedar S1. 81. Paul, MN 55155 Attention: ConnnffisionerofFinance Section 6.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, mid their respective successors and assigns. Provided, however, that neitJ;1er the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 6.17 Waiver. Neither the failure by the Public Entity,. the State Entity, or the Commissioner of Finance, as a third . party beneficiary of this Agreement, in anyone or more instances, to insist upon the complete and total observance or performance of any term or provision hereof, rior the failure of the Public Entity, the State Entity, or the Commissioner of Finance, as a third party beneficiary of thi~ Agreement, to exercise any right, privilege, 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 oteither the Public Entity, the State Entity, or theConlmissioner of Finance, 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. Generic GO Bond Proceeds Grant Agreement for Construction Grants 24 RDGP-07-0004-0-FY07 Ver- 1212006 (Gnrc GO GA-Cnstrctn Gmt)