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17 Section 15.2. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the addresses hereinbefore set forth on Page 1, or at such other address with respect to either such Party as that Party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 15.3. Titles of Articles and Sections. Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 15.4. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of this Agreement. Section 15.5. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems this Agreement un- recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development agreement. Section 15.6. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. Notwithstanding the foregoing, individual homeowners shall not be obligated to perform Developer’s obligations hereunder. Section 15.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 15.8. Law Governing. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. Section 15.9 Consent of Barnett 3610. Barnett 3610 hereby consents to the provisions of this Agreement and acknowledges that Developer shall perform the obligations of the Developer as set forth herein. Barnett 3610 hereby acknowledges that Developer may complete all improvements, including the Public Infrastructure Improvements as set forth in the approved Constructions Plans, including any portion of such improvements that may be located on Parcel B and Barnett 3610 hereby grants to Developer an easement to enter and access Parcel B for purposes of performing the obligations of Developer as set forth herein. Section 15.10 Time of Performance. That Developers shall install all required Improvements in accordance with the time tables set forth in this development agreement. The Developer may, however, request in writing an extension of time from the City. If any extension is granted it shall be conditioned upon updating the security posted by the Developer to reflect costing increases, and the extended completion date. Commented [AR5]: This language was part of the original development agreement and I believe it’s necessary to ensure work stays on schedule. Formatted: Underline