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Neither party shall be. held responsible for perf0rmauce of this Contract if the party's <br />{ performance is prevented by acts or events -beyond the party's reasonable control <br />including; but.not limited toZvother <br />ere weather -and storms, earthquakes; tornados, or other <br />naiural.occurrences, strikes. labor unrest,. power failures, electrical power surges <br />or vnt7mnt fluctuations, pucleai. br other civil or military emergencies, or acts of <br />legislative, judicial, execufive or adniinistrative authorities.. <br />SECTION VII <br />Authority and Binding Effect <br />Both parties represent and warrant that: the. individuals -executing this Contract on <br />behalf of each of the parties have the- full power -acid -axithority to execute arid, perform. this <br />Contract, and that this Contract constitutes a legal; valid -.and binding obligation <br />enforceable in accordance with its dribs. <br />.SECTIOON VM <br />Miscellaneous Provisions <br />A. Successors. and Assigns <br />All terms,. covenants, and conditions of this Contract shall be binding upon,.and linure <br />to the benefit ot. and be enforceable by the parties hereto and their respective successors, <br />heirs, executors and assigns. This Contract and the rights and. obligations of any party <br />hereunder sliall:not-be assignable exceptmith.the written. consent of the. othor party <br />hereto, which consent shall not be unreasonably withheld. <br />Any notiee,.tegtrest, demand,. statement or consent reqtured or permitted to be given <br />ltereutider -shQ be in. writing, shall be signed by or on behalf of the party giving notice, <br />and-shidfbe.personally delivered or senrbyexpress.service, fax, certified or registered <br />-ma1l,..retutn.receipt requested, postage prepaid, to the. other party to the respective address. <br />;given herein below: <br />if O the Town of White Bear: <br />If to the. City of Gem Lake: <br />Town Clerk <br />1281. Hammond Road <br />White'Bear Towns*,. IlM 55110 <br />Mayor <br />4200 Otter Lake:Road <br />Gem. Lake.- MN 55110 <br />Any such notice given as aforesaid shall be conclusively deemed.to have been given <br />and received on -the day on which such notice was. delivered. Eith. & party may, from time <br />to. time, furnish in writing -to the other party such notice of a change in address or <br />individual to whom such notices. are to be given. <br />