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<br />FROM B&M FAX 612-334-8650 VOICE 334-8520 <br /> <br />(MON) 08. 11'97 12:40/ST.12:37/NO,356029247! P 6/12 <br /> <br />11. Construction of Ageement. The rule of strict construction shall not apply to <br />the easement granted in this Agreement or to the covenants set forth herejIJ. This <br />Agreement shall, be given a reasonable construction so that the :intention of the parties to <br />confer reasonably usable benefits and reasonably enforceable obligations are carried out. <br /> <br />12. Oriiinal Aireement. This Restated Easement Agreement supersedes in its <br />entirety the Original Agreement. <br /> <br />13. Notice. All notices, demands and requests required or permitted to be give.n <br />under this Agreement must be in writing and shall be deemed to have been properly given <br />or served either by personal delivery, or one (1) day after deliveJ:Y by overnight courier, or <br />three (3) days after deposit of the same in the United States M~ prepaid and by registered <br />or certified mw), return receipt requested, at th.e following addresses: <br /> <br />To Rosewood <br /> <br />Attention; <br /> <br />To Nelson: <br /> <br />James A Nelson <br />2055 Ri.ce Street <br />Roseville, MN 55113 <br /> <br />The foregoing addresses may be changed, or adctitional notice addresses specified, by written <br />notice given in tbe mapnet set forth above. Notices to the City shall be made in. the same <br />manner, addressed to the City C]erk at the principal office of the City at the time of tbe <br />notice. <br /> <br />IN WITNESS to this Agreement, the parties have caused this instrument to be <br />executed as of the day a;nd ye:~ tint above writren, subject to all of tbe terms and conditiom <br />herein set forth. <br /> <br />ROSEWOOD; <br /> <br />ROSEWOOD CENTER PARTNERS <br /> <br />By <br /> <br />Irving T. Margolis, a general partner <br /> <br />NELSON: <br /> <br />James A. Nelson <br /> <br />795664.3 <br /> <br />4 <br />