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c' ,.---,~ \ -, such date; provided, however, such lien shall arise only if the judgment debtor is the Owner of the Mall Property at the time the judgment is so docketed and shall be subordinate to the lien of any mortgage or related security instrument that is of record prior to the date such judgment is docketed and to all sums advanced or to be advanced in accordance with the terms of the loans to be secured by any such prior mortgage or security instrument. Notwithstanding any contrary provision herein, in no event shall any Owner be liable for consequential or punitive damages in connection with any default in the performance of any obligations, or exercise of any rights, set forth herein. . 8.2 Waiver of Claims. Notwithstanding any contrary provision in this Agreement, each party hereto hereby releases the Qther parties frQm any and all liability or responsibility to the party, or anyone claiming through or under the party by way of subrogation or otherwise, for any loss or damage to the Transit Hub Improvements on the Council Parcel Qr the Northtown Parcel caused by fire or any other perils which are insured in policies of insurance cQvering such property or which would have been insured by policies required to be maintained hereunder, unless such loss or damage shaJl have been caused by the wilful misconduct or gross negligence of the other party Qf parties, or anyone for whQm such party or parties may be resPQnsible, including any other Owner. ARTICLE IX GENERAL PROVISIONS 9.1 .Authority. The ACRRA., the Council, and Northtown represent that they are fully authQrized to enter intQ this Agreement, and each represents that the execution and delivery of this Agreement shall not constitute a default under any commitment made by it to persons or entities not a party to this Agreement. 9.2 Notices and Authorized Representatives. Any notice, demand, request, or other communication requited or pennitted to be given to the ACRRA, the Council, or N orthtown shall be sufficiently given and served, and shall be effective and deemed properly given and served two (2) days after it is deposited in the United States mail and sent by registered or certified mail, postage prepaid, return receipt requested, addressed as follQws: ' To the ACRRA: Anoka County Regional Railroad Authority Anoka County GQvernment Center 2100 3rd Avenue AnQka, Minnesota 55303 Attn: CQunty Administrator To NorthtQwn: N orthtown Mall Management Office 398 N onhtown Dlive Blaine, MN 55434 Attn: Mall Manager -15- 9l 'd lGv6'oN A3G ~~OJ 3NlVl8 AllJ ~dlO:Gl lOOG '08''\oN