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2017-05-08_EDA_Packet
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2017-05-08_EDA_Packet
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Attachment A <br />544 <br />encumbrance permitted under this Agreement, or any right of a Homeowner pursuant to a valid <br />545 <br />Purchase Agreement authorized by this Agreement. <br />546 <br />Section 8.4. No Remedy Exclusive <br />547. No remedy herein conferred upon or reserved to <br />548 <br />the Authority is intended to be exclusive of any other available remedy or remedies, but each and <br />549 <br />every such remedy shall be cumulative and shall be in addition to every other remedy given <br />550 <br />under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or <br />551 <br />omission to exercise any right or power accruing upon any default shall impair any such right or <br />552 <br />power or shall be construed to be a waiver thereof, but any such right and power may be <br />553 <br />exercised from time to time and as often as may be deemed expedient. In order to entitle the <br />554 <br />Authority or the Developer to exercise any remedy reserved to it, it shall not be necessary to give <br />555 <br />notice, other than such notice as may be required in this Article VIII. <br />556 <br />557 Section 8.5. No Additional Waiver Implied by One Waiver <br />. In the event of the <br />558 <br />occurrence of any Event of Default by either party, which Event of Default is thereafter waived <br />559 <br />by the other party, such waiver shall be limited to the particular Event of Default so waived and <br />560 <br />shall not be deemed to waive any other concurrent, previous or subsequent Event of Default. <br />561 <br />562 ARTICLE IX. <br />563 <br />564 ADDITIONAL PROVISIONS <br />565 <br />566 Section 9.1. Conflict of Interests; Representatives Not Individually Liable <br />. No <br />567 <br />Authority officer who is authorized to take part in any manner in making this Agreement in his <br />568 <br />or her official capacity shall voluntarily have a personal financial interest in this Agreement or <br />569 <br />benefit financially there from. No member, official, or employee of the Authority shall be <br />570 <br />personally liable to the Developer, or any successor in interest, for any Event of Default by the <br />571 <br />Authority or for any amount which may become due to the Developer or successor or on any <br />572 <br />obligations under the terms of this Agreement. <br />573 <br />574 Section 9.2. Non-Discrimination <br />. The provisions of Minnesota Statutes Section <br />575 <br />181.59, which relate to civil rights and non-discrimination, and any affirmative action program <br />576 <br />of the City shall be considered a part of this Agreement and binding on the Developer as though <br />577 <br />fully set forth herein. <br />578 <br />579 Section 9.3. Notices and Demands <br />. Except as otherwise expressly provided in this <br />580 <br />Agreement, a notice, demand or other communication under this Agreement by either party to <br />581 <br />the other shall be sufficiently given or delivered if it is sent by mail, postage prepared, return <br />582 <br />receipt requested or delivered personally: <br />583 <br />12 <br />498768v2 MNI RS275-12 <br /> <br />
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