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Page 8 <br /> <br />4.) <br /> <br />(21) Berming <br /> <br />The Operator shall erect berms adjacent to County Road #77 <br />as required by the Sherburne County Engineering <br />Department. <br /> <br />(22) Other Permits <br /> <br />The Operator shall obtain all state and federal permits <br />appropriate to their operation and file copies of said permits <br />with the City. <br /> <br />General Provisions- <br /> <br />(01) Permits- Operator agrees to comply with all of the provisions <br />hereof and agrees to save and hold the City harmless from any and <br />all claims or actions arising from the operations of the Operator on <br />the Property. <br /> <br />(02) Binding Effect- The terms and provisions hereof shall be <br />binding upon, and inure to the benefit of the heirs, representatives, <br />successors, and assigns of the parties hereto and shall be binding <br />upon all future owners of all or any part of the Operation and shall <br />be deemed covenants running with the land. This Agreement shall <br />be placed of record so as to give notice hereof to subsequent <br />purchasers and encumbrances of all or any part of the Property, <br />and all recording fees, if any, shall be paid by the Operator. <br /> <br />(03) Severable- In the event that any portion of this Agreement <br />shall be held invalid for any reason, the same shall not affect in <br />any respect whatsoever the validity of the remainder of this <br />Agreement. <br /> <br />(04) Waiver- Any waiver, whether express or implied, by any <br />party of a breach of any provision of this Agreement will not <br />operate as or be construed to be a waiver of any subsequent <br />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 <br />or deposited in the United States mail to the addresses hereinafter <br />set forth by certified mail (return receipt requested). The addresses <br /> <br />s: \b&z \ stever \gravcup.doc <br /> <br /> <br />