8.0. EDSR 02-13-2006 - Laserfiche WebLink

Home Browse Search

(e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt ;quested, or reliable overnight courier to the address of the respective parties set forth below: Landlord: City of Elk River 13065 Orono Parkway Elk River. MN 55330 Attn: City Administrator Phone: 763-635-1000 Tenant: Nextel West Corp. 400 West Grand Avenue Elmhurst, Illinois 60126 Attn: Senior Manager Site Development Phone: (630)379-5700 With a copy to: Sprint 2001 Edmund Halley Drive Reston, VA 20191-3436 Second Floor, Mail Stop 2E225 Attn: Contracts Manager -Legal Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. (t) This Agreement shall be governed by the laws of the State of Minnesota. (g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as Exhibit C and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the County where the Land is located. (h) In the event the Land is encumbered by a mortgage or deed of trust, Landlord agrees to obtain and deliver to Tenant an executed and acknowledged non-disturbance and attornment instrument for each such mortgage or deed of trust in a recordable form reasonably acceptable to both parties. (i) Landlord agrees to fully cooperate with Tenant (including obtaining and/or executing necessary documentation) to clear any outstanding title issues that could adversely affect Tenant's interest in the Premises created by [his Agreement. Q) In any case where the approval or wnsent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (k) Each of the parties hereto represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Agreement. (I) Both parties took part in the negotiation of this Agreement and agree that legal concepts intended to construe the Agreement against the drafter will not apply against either party. (m) In the event of any breach or default by either party, the other party shall be entitled to all rights and remedies provided for in this Agreement and/or available at law, in equity, by statute or otherwise, all of which rights and remedies shall be cumulative (and not exclusive). (n) The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Agreement. (o) All Recitals set forth above, and all Riders and Exhibits annexed hereto, form material parts of this Agreement and are hereby incorporated herein by this reference. (p) This Agreement may be exew[ed in duplicate counterparts, each of which shall be deemed an original.