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and shall be deemed given upon actual receipt by the Party to which such notice is <br /> given. The address for notice to each Party is as follows (as may be later changed by a <br /> Party by proper notice): <br /> If to the Municipal: If to the Cooperative: <br /> Elk River Municipal Utilities Connexus Energy <br /> Attn: General Manager Attn: President& Chief Executive Officer <br /> 13069 Orono Parkway 14601 Ramsey Boulevard <br /> P.O. Box 430 Ramsey, Minnesota 55303 <br /> Elk River, MN 55330 Phone:763.323.2600 <br /> Phone: 763.441.2020 Fax: <br /> Fax: 763.441.8099 <br /> 8.2 This Agreement will inure to the benefit of the Parties hereto and shall be <br /> binding on them and their respective legal representatives, successors and assigns. <br /> Provided, however, neither Party hereto may assign any of its rights herein to any <br /> person without the prior written consent of the other Party. <br /> 8.3 Each of the Parties acknowledges that the adjustment of electric service <br /> territory boundaries provided for herein is unique in that neither Party will have an <br /> adequate remedy at law if the other Party fails to perform any of its obligations <br /> hereunder. In such event, either Party shall have the right, in addition to any other <br /> rights it may have, to petition for and obtain specific performance of this Agreement in <br /> the District Court for the county in which the service territory is located. <br /> 8.4 This Agreement may be amended only in writing, signed by each of the <br /> Parties. <br /> 8.5 The Parties agree that they participated equally in, and are jointly <br /> responsible for, the drafting of this Agreement. In the event of any dispute, any <br /> ambiguity in this Agreement shall not be construed against either Party. Headings are <br /> for convenience and are not a part of this Agreement. <br /> 13 <br /> 62 <br />