2006-11-21_Agenda - Laserfiche WebLink

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If the Authority terminates the Agreement under this Section 8, the Developer shall remain liable to the Authority under Section 7 of this Agreement for Administrative Costs incurred by the Authority through the effective date of termination. 9. The Developer is designated as sole develo per of the Property duri ng the term of this Agreement. The Authority make s no representations or warranties as to control, access or ownership of any portion of the Property, but agr ees that during the term of this Agreement the Authority will not enter in to agreements with any other party to facilitate rede velopment of the Property. 10. In the event that the Deve loper, its heirs, successors or assigns, fail to comply with any of the provisions of this Ag reement, the Authority may proceed to enforce this Agreement by appropriate legal or equitable proceedings, or ot her similar proceedings, and the Developer, its heirs, successors or assigns, agree to pay all co sts of such enforcement, including reasonable attorneys' fees. 11. If any portion of this Ag reement is held invalid by a co urt of competent jurisdiction, such decision shall not affect the validity of an y remaining portion of the Agreement. 12. In the event any covenant contained in this Agreement should be breached by one party and subsequently waived by another party, su ch waiver shall be lim ited to the particular breach so waived and shall not be deemed to waiv e any other concurrent, previous or subsequent breach. This Agreement may not be amended no r any of its terms modi fied except by a writing authorized and executed by all parties hereto. 13. Notice or demand or other communica tion between or among the parties shall be sufficiently given if sent by mail, postage prepaid, return receipt requested or delivered personally: (a) As to the Authorit y: Columbia Heights Econom ic Development Authority 590 40th Avenue NE Columbia Heights, MN 55421 Attn: ___________________ (b) As to the Develope r: _________________________ _________________________ _________________________ _________________________ 14. This Agreement may be executed simulta neously in any number of counterparts, all of which shall constitute one and the same instrument. 15. This Agreement shall be governed by and construed in accorda nce with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal co urts of Minnesota, and all par ties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise.