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Page 9 <br /> <br />(04) Waiver- Any waiver, whether express or implied, by any party of <br />a breach of any provision of this Agreement will not operate as or be <br />construed to be a waiver of any subsequent breach of this Agreement. <br /> <br />(05) Notices- All notices and demands specified herein shall be <br />deemed appropriately and timely given when delivered personally or <br />deposited in the United States mail to the addresses hereinafter set <br />forth by certified mail (return receipt requested). The addresses of the <br />parties hereto are as follows until changed by written notice given as <br />above: <br /> <br />If to the City at: <br /> <br />City of Elk River <br />ATTN: Building and Zoning Administrator <br />13065 Orono Parkway ,P.O. Box 490 <br />Elk River, Minnesota 55330-0490 <br /> <br />If to the Operator at: <br /> <br />Tiller Corporation <br />Attn: Brent Schlueter <br />PO Box 1480 <br />Maple Grove, Minnesota 55311-6480 <br /> <br />(06) Incorporation by Reference- All plans, special provisions, <br />proposals and specifications, submitted pursuant to this Agreement <br />shall be and hereby are made a part of this Agreement by reference as <br />fully as if set forth herein in full. <br /> <br /> IN WITNESS WHEREOF, the City and Operator have caused this <br />Agreement to be duly executed on the day and year first above written. <br /> <br />CITY OF ELK RIVER <br /> <br />By: <br /> Its: Mayor <br /> <br />By: <br /> <br />Its: City Administrator <br /> <br />OPERATOR: <br />TILLER CORPORATION <br /> <br />By: <br /> <br />By: <br /> <br />f:\shrdoc\b&z\stever\gravcup.doc <br /> <br /> <br />