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2022 12-20 CC PACKET
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2022 12-20 CC PACKET
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ADM 05000
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CITY COUNCIL PACKETS
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29. Covenants Running with Land; Recordation. THIS LICENSE SHALL BE CONSTRUED AS: <br />RUNNING WITH THE LANDS BENEFITTED 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 ALL 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 PORTION 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 laws 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 underappliicable law, but if any provision of this License <br />shall be prohibited by, or held to be. invalid urider, .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 ful[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 Liabilitv. If Licensee consists of two or more parties, all the covenants and <br />agreements of Licensee herein contained. shall be the joint and several.covenants and agreements <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 draftsmanship; 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 be a part or to. affect the meaning or interpretation hereof. The exhibit or <br />exhibits referred to herein shall 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" whether or not they are in fact followed bysuch words or words of like import; <br />"writing", "written" arid 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 to the entirety hereof and not to any particular article, section; .or <br />other subdivision hereof orattachment hereto; references to any gender.include references. <br />18 Form 424: Rev. 201909115 <br />
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