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t <br /> 41) Section 10.6. Consents and Approvals. In all cases where consents or approvals are <br /> required hereunder, such consents or approvals shall not be unreasonably conditioned, delayed or <br /> withheld. All consents or approvals shall be in writing in order to be effective. <br /> Section 10.7 Representatives. Except as otherwise provided herein, all approvals and <br /> other actions required of or taken by the City shall be effective upon action by the City <br /> Representative. All actions required of or taken by Developer shall be effective upon action by <br /> the Developer Representative. <br /> Section 10.8 Superseding Effect. This Agreement reflects the entire agreement of the <br /> Parties with respect to the matters covered herein, and supersedes in all respects all prior <br /> agreements of the Parties, whether written or otherwise,with respect to such matters. <br /> Section 10.9 Relationship of Parties. Nothing in this Agreement is intended, or shall <br /> be construed,to create a partnership or joint venture among or between the Parties, and the rights <br /> and remedies of the Parties shall be strictly as set forth in this Agreement. <br /> Section 10.10 Term. The term of this Agreement shall be effective from the day and <br /> year first above written until the earlier of(a) the date this Agreement is terminated pursuant to <br /> Section 9.4(c) payment in full of the Tax Increment Revenue Note or any Refunding Bonds, or <br /> (c) the date that the City is no longer receiving Available Tax Increment with respect to <br /> termination of the Tax Increment District. <br /> 0 Section 10.11 Venue. All matters, whether sounding in tort or in contract, relating to the <br /> validity, construction, perfolinance, or enforcement of this Agreement shall be controlled by and <br /> determined in accordance with the laws of the State of Minnesota, and the Developer agrees that <br /> all legal actions initiated by the Developer or City with respect to or arising from any provision <br /> contained in this Agreement shall be initiated, filed and venued exclusively in the State of <br /> Minnesota, Sherburne County, District Court and shall not be removed therefrom to any other <br /> federal or state court. <br /> Section 10.12 Provisions Surviving Rescission or Expiration. Section 8.3 shall <br /> survive any rescission, termination or expiration of this Agreement with respect to or arising out <br /> of any event, occurrence or circumstance existing prior to the date thereof. <br /> III <br /> 1674205v8 45 <br />