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inspecting agent for payment by Roseville as in accordance with the <br />plans and specifications. <br />3. If, in the sole opinion of Roseville's inspecting agent, improvements for <br />which payment is requested have not been constructed in accordance <br />with the plans and specifications, certification of these improvements <br />shall be denied, and Roseville shall have no responsibility to reimburse <br />Tanurb the costs of those improvements until those improvements have <br />been constructed in accordance with the plans and specifications and <br />Roseville's inspecting agent has so certified. <br />4. Any certification to Tanurb shall constitute acceptance to Tanurb only <br />of any work in accordance with plans and specifications. After certifi- <br />cation of payment and final approval of the improvement by Roseville, <br />Tanurb shall assign to the City of Roseville any and all warranties, <br />rights, claims, or causes of action which it may have or acquire against <br />its contractor for the improvements. <br />5. Tanurb shall require its contractor to furnish performance and payment <br />bonds and surety for the faithful performance of his obligations provided <br />in the plans and specifications, naming the City of Roseville and Tanurb <br />as dual obligees with respect to the improvements. These bonds shall be <br />in the amounts at least equal to the contract amount for the <br />improvements, and in a form acceptable to the City of Roseville. <br />6. Immediately upon receipt of said certification or upon the occurrence of <br />the date of the date on which said certification is deemed to have <br />occurred pursuant to paragraph 2 above, Roseville shall cause to be <br />placed on the agenda of its next City Council meeting a request for <br />payment of the amount of the draw portion. Roseville shall reimburse <br />Tanurb for the draw portion immediately following the next scheduled <br />City Council meeting by mailing a check to the address set forth below. <br />Tanurb Developments Inc. <br />550 Queen Street East <br />Suite 200 <br />Toronto, Ontario, Canada <br />M5A 1V2 <br />Attention: Mr. Thomas Ehrlich <br />cc: Mr. Thomas H. Borman <br />1800 Midwest Plaza <br />Minneapolis, Minnesota 55402 <br />This Agreement may be executed in one or more counterparts, all of which, taken <br />together, shall constitute a single agreement. <br />IT WITNESS WHEREOF, the parties hereto agree this day of <br />1985. <br />CITY OF ROSEVILLE <br />iiy <br />-2- <br />