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3 <br /> "Event of Default" shall have the meaning set forth in of this Agreement. <br /> <br /> "Improvements" means the site preparation, utility installation, storm water improvements, <br />and other improvements described in the approved Construction Plans to be constructed pursuant <br />to the terms of this Agreement. <br /> <br /> "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes <br />Sections 116B.01 et seq., as amended. <br /> <br /> "Parties" means the Developer, Barnett 3610 and the City. <br /> <br />"Public Infrastructure Improvements" means the portion of the Required Improvements to <br />be dedicated to and owned by the City, including but not limited to (i) public stormwater <br />infrastructure, (ii) public utility infrastructure and (iii) public right of way area, all as described on <br />Attachment B, attached hereto. <br /> <br /> "Required Improvements" means the stormwater drainage and sewer facilities to be <br />constructed in accordance with the Construction Plans and the Stormwater O&M Agreement. <br /> <br /> "State" means the State of Minnesota. <br /> <br /> "Unavoidable Delays" means delays, outside of the control of the Party claiming its <br />occurrence, which are the direct result of strikes, other labor troubles, material shortages, unusually <br />severe or prolonged bad weather, Acts of God, fire or other casualty to the Improvements, litigation <br />commenced by third parties which, by injunction or other similar judicial action, directly results <br />in delays, or acts of any federal, state or local governmental unit (other than the City) which <br />directly result in delays, or any other similar causes. <br /> <br />ARTICLE II <br /> <br />Representations And Warranties <br /> <br /> Section 2.1. Representations and Warranties by the City. The City represents and <br />warrants that: <br /> (a) The City is a public body politic and corporate under the laws of the State <br />of Minnesota, has the power to enter into this Agreement and to carry out its obligations <br />hereunder. <br /> <br /> (b) The City has approved the Construction Plans. <br /> <br /> Section 2.2. Representations and Warranties by the Developer. The Developer <br />represents and warrants that: <br /> <br /> (a) The Developer is a corporation duly organized and authorized to transact <br />business in the State, is not in violation of any provisions of its corporation or the laws of