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<br /> <br />7.06. Notices. All notices, certificates or other communications required to be given to City <br />Developer shall be sufficiently given and shall be deemed given when delivered or when deposited <br />in the United States mail, first class, with postage fully prepaid and addressed as follows: <br />CITY: City of Roseville <br /> 2660 Civic Center Drive <br /> Roseville, MN 55113 <br />Attn: City Engineer <br />DEVELOPER:Lexington Plaza, LLC <br /> PO Box 555 <br /> Wayzata, MN 55391 <br /> Attn: Albert Esther, Managing Member <br /> <br />The City and Developer, by written notice, may designate different addresses to which subsequent <br />notice, certificate or other communications should be sent. <br /> <br />7.07 No Third-Party Beneficiary. This Agreement and any financial guarantees required <br />pursuant to its terms are not intended for the benefit of any third party. <br />7.08 Applicable Law. This Agreement shall be governed by and construed in accordance with <br />the laws of the State of Minnesota. The Developer agrees to comply with all laws, ordinances, <br />and regulations of Minnesota and the City that are applicable to the Project. <br />7.09 Counterparts. This Agreement may be executed simultaneously in any number of <br />counterparts, each of which shall be an original and shall constitute one and the same Agreement. <br />7.10 Non-waiver. Each right, power or remedy conferred, respectively, upon the City or <br />Developer by this Agreement is cumulative and in addition to every other right, power or remedy, <br />express or implied, now or hereafter arising, or available to the City, the Developer at law or in <br />equity, or under any other agreement. Each and every right, power and remedy set forth in this <br />Agreement or otherwise so existing may be exercised from time to time as often and in such order <br />as may be deemed expedient by the City or the Developer, as the case may be, and shall not be a <br />waiver of the right to exercise at any time thereafter any other right, power or remedy. If either <br />Party waives in writing any default or nonperformance by the other Party, such waiver shall be <br />deemed to apply only to such event and shall not waive any other prior or subsequent default. <br />13 <br />22485\\13\\2777004.v3 <br /> <br />