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2011_0214_packet
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2011_0214_packet
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1/9/2012 4:18:28 PM
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12/16/2011 3:08:26 PM
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I Party"), then the Nondefaulting Party shall be entitled to take any and all action, in its <br />2 reasonable discretion,, to correct such Default and the Defaulting Party agrees to indemnify, save <br />3 and hold harmless the Nondefaulting Party from and against any and all costs, expenses, claims, <br />4 or damages incurred by the Nondefaulting Party in so acting. Notwithstanding anything <br />5 contained herein to the contrary,, nothing in this agreement shall constitute a waiver of the <br />6 statutory limits on liability set forth in Minnesota Statues Chapter 466 or any waiver of any <br />7 available immunities or defenses provided to the City by statute or at law. No right or remedy <br />8 herein conferred upon or reserved to any party hereto is intended to be exclusive of any other <br />9 right or remedy herein or by law provided, but each shall be cumulative and in addition to every <br />10 other right or remedy given herein or hereafter existing at law or in equity or by statute. <br />11 8. Term- Parties in Interest. This Agreement shall be effective and in full force and <br />12 effect for thirty (30) years from the date hereof, unless sooner terminated pursuant to the next <br />13 succeeding paragraph, at the end of said thirty (30) year period this Agreement shall <br />14 automatically be extended for successive ten (10) year periods until or unless the record fee <br />15 owner of the Property and the City agree in writing and file of record a statement that this <br />16 Agreement shall not automatically renew at the next expiration date thereof, but rather shall <br />17 terminate and be of no further force and effect. The terms,, conditions and covenants herein shall <br />18 run with the owners of the Property and shall be binding upon the successors in interest thereof, <br />19 as well as the City and its successors. <br />20 9. Amendment, Modification or Waiver. No amendment,, modification,, waiver or <br />21 termination of any condition, provision or term of this Agreement shall be valid or of any effect <br />22 unless made in writing, signed by the record fee owner of the Property and the City and <br />23 specifying with particularity the extent and nature of such amendment, modification, termination <br />24 or waiver. Any waiver by any party of any default of another party hereunder shall not affect or <br />25 impair any right arising from any subsequent default. Nothing herein shall limit the remedies <br />26 and rights of the parties hereto under and pursuant to this Agreement. <br />27 10. Headings. The headings of this sections of this Agreement are for convenience of <br />28 reference only and do not form a part hereof and in no way interpret or construe such paragraphs. <br />29 11. integration. This Agreement is the entire agreement between the parties with <br />30 respect to its subject matter and supersedes all prior agreements and understandings between the <br />31 parties hereto with respect to such subject matter. <br />32 I. Severability. If any provision of this Agreement is held to be unenforceable or <br />33 void,, such provision shall be deemed to be severable and shall in no way affect the validity of the <br />34 remaining terms of this Agreement. <br />35 <br />K <br />
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