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notices are -to be. sent;. or {ii) three days after a registered or certified letter containing <br />such notice, properly addressed, with postage prepaid, is deposited in the United <br />States mail: If personally delivered or sent.via recognized overnight carrier service, a <br />notice will be deemed to have been given and received on the first to. occur of Q) one <br />business day after being -deposited with.a recognized overnight courier service ox cii). <br />delivery to the party to whom -it is addresseti..Any partyhereto may at anytime; by <br />giving writien-notice`to-the other party hereto as provided herein designate additional <br />persons to whom notices or communications will be..given, and designate any other <br />address in substitution ofthe.address.tc:which such notice or communicationwill-be <br />given: Such -notices. or communications will be given to the parties- at their addresses <br />-set fc!rth below: <br />City of Gem Lake: 4200 Otter Lake Road, Gem Lake,.Minneso% <br />Contractor: 4085 Scheuneman Road, Gem Lake, Minnesota <br />X1V. Binding Agreement. <br />This Agreement shall. inure to and be. binding on the heirs, executors, administrators, <br />successors, and assigns of the Parties hereto: <br />XV. No Waiver. <br />.No waiver of any of -the. provisions of this Agreement shall be deemed to constitute a <br />waiver.of any other of the provisions of this Agreement, nor shall such waiver <br />constitute a continuing waiver unless otherwise expressly provided heiein,-nor shall <br />the waiver of any default be deemed a waiver of any subsequent default. <br />XVI. Govet.=, entalImmunity. <br />Nothing in this Agreement shall be construed to. waive, limit, or-otherwisi& modify �., in <br />whole or in part, any governmental immunity that may be available *6y 1aw to the <br />City;.its respective officials, employees, contractors; ar agents, or. any .other person <br />acting On behalf of the City. <br />XVH. Severabilit. , <br />If any portion of this -Agreement is declared by any:eourt of -competent jurisdiction. to <br />be void or unenforceable. ouch -decision shall not affect the. validity of any remaining <br />portion.oftWs Agreement; which shall remain in full force and effect. In addition, in: <br />lieu of such void or unenforceable provision, there shall automatically be added,as <br />part of this Agreement a provision similar in terms to such illegal, invalid or <br />unenforceable-piovision so that the resulting -reformed provision is legal, valid and <br />enforceable. <br />. XV1I1. Third-PartBeneficiaries. <br />5 <br />