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2022 09-12 CC PACKET
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2022 09-12 CC PACKET
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CITY COUNCIL PACKETS
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29: Covenants Runnin-q with Land' Recordation. THIS LICENSE SHALL BE CONSTRUED AS <br />RUNNING WITH THE LANDS BEN EFITTED HEREBY, INCLUDING WITHOUT LIMITATION THE <br />PROJECT AREA DESCRIBED ON EXHIBIT "B" ATTACHED HERETO;. HOWEVER, THE <br />RIGHTS GRANTED HEREIN ARE NEITHER EXCLUSIVE NOR A. DEDICATION OF THE <br />PREMISES TO LICENSEE. THIS LICENSE AND AIL OF THE TERMS, COVENANTS AND <br />PROVISIONS HEREOF SHALL INURE TO THE BENEFIT OF AND BE FULLY BINDING ON <br />LICENSEE, LICENSOR, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (INCLUDING <br />ALL PERSONS OR ENTITIES ACQUIRING ALL OR ANY PORTI0N.OF THE PROJECT AREA <br />OR THE PREMISES). It is understood and%agreed that.this License shall not be.placed or allowed <br />to be placed for recording in the applicable public land records. <br />30. Applicable Law. All questions concerning the. interpretation or application of provisions of this <br />License shall be decided according to the. substantive Iaw.s of the State of Minnesota without regard <br />to conflicts of law provisions; <br />31. Severability. To the maximum extent possible, each provision of this License.shall be interpreted <br />in such manner as to be effective and valid under applicable law, but if any provision. of this License <br />shall be prohibited by; or held. to be invalid. under,.applicable law, such provision shall be ineffective <br />solely to the extent of such prohibition or invalidity,. and this shall not invalidate the remainder of <br />such provision or any other provision of this License.. <br />32. Integration. This License is the full and complete agreement between Licensor and Licensee. with <br />respect to all matters relating.to Licensee's use of the Premises, and supersedes any and all other <br />agreements .between the parties hereto relating to Licensee's use of the Premises as. described <br />herein: However, nothing herein: is intended to terminate any surviving obligation of Licensee or <br />Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between <br />the parties.. <br />33. Joint and Several Liabilit . If Licenseeconsists of two, or more parties, :all the covenants.. and <br />,agreements. of Licensee herein contained shall be the joint and several covenants andagreements <br />of such parties. <br />34. Waiver. The.waiver by Licensor of the breach .of any provision herein by Licensee shall in no way <br />impair the. right of Licensor to enforce that provision for any subsequent breach thereof. <br />.35. Interpretation. <br />35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against: <br />any party based..upon the source of the draftsinariship; both parties hereby agree that this <br />License shall not be subject to the principle that a contract would be construed against the <br />party which drafted the same. Article titles, headings to sections and paragraphs and the. <br />table of contents (if any) are inserted for convenience of reference only and are not <br />.intended to he a part or .to. affect. the meaning. or interpretation hereof. The exhibit or <br />exhibits referred to herein sha.11,be construed with and as an integral part of this License to <br />the same extent.as if they were set forth. verbatim herein. <br />35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "Without <br />limitation" Whet or not they are in fact followed by such: words or words of like import; <br />"writing'.', "written" and comparable. terms refer to printing, typing, lithography and other <br />means of reproducing words in a visible form;. references to any person: are. also to: that <br />person's successors: and permitted assigns;. "hereof:, "herein",. "hereunder" and. <br />comparable terms refer totheentirety hereof and not toany particular article, section, or <br />other subdivision hereof or attachment hereto; references to any -gender. include references <br />16 Form 424; Rev. 20190996 <br />
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