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2024 05-21 CC Packet
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2024 05-21 CC Packet
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132759067v2 <br /> <br /> <br /> 20 <br /> <br />ARTICLE VII <br /> <br />GENERAL <br />Section 7.1 Notices. All notices, certificates or other communications hereunder shall <br />be sufficiently given and shall be deemed given when hand delivered or received by certified or <br />registered United States mail, return receipt requested, postage prepaid, with proper address as <br />indicated below. The Issuer, the Borrower, and the Lender may, by written notice given by each <br />to the others, designate any address or addresses to which notices, certificates or other <br />communications to them shall be sent when required as contemplated by this Agreement. Until <br />otherwise provided by the respective parties, all notices, certificates and communications to each <br />of them shall be addressed as follows: <br />To the Issuer: City of Gem Lake, Minnesota <br />4200 Otter Lake Road <br />Gem Lake, MN 55110 <br />Attn: City Clerk <br /> <br />To the Borrower: White Bear Montessori School, Inc. <br />1201 East County Road E <br />White Bear Lake, MN 55110 <br />Attn: Head of School <br />To the Lender: Premier Bank <br />2151 3rd Street <br />White Bear Lake, MN 55110 <br />Attn: President – White Bear Lake <br />Section 7.2 Binding Effect. This Agreement shall inure to the benefit of and shall be <br />binding upon the Issuer and the Borrower and their respective successors and assigns. <br />Section 7.3 Severability. In the event any provision of this Agreement shall be held <br />invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate <br />or render unenforceable any other provision hereof. <br />Section 7.4 Amendments, Changes and Modifications. Except as otherwise provided <br />in this Agreement or in the Resolution, subsequent to the Closing date and before the Note are <br />satisfied and discharged in accordance with their terms, this Agreement may not be effectively <br />amended, changed, modified, altered, or terminated without the prior written consent of the <br />Lender. <br />Section 7.5 Execution Counterparts. This Agreement may be simultaneously executed <br />in several counterparts, each of which shall be an original and all of which shall constitute but <br />one and the same instrument. <br />Section 7.6 Limitation of Issuer's Liability. It is understood and agreed by the <br />Borrower and the Lender that no covenant of the Issuer herein shall give rise to a pecuniary <br />liability of the Issuer or a charge against its general credit, or taxing powers. It is further
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