3.0. EDSR 10-17-2005 - Laserfiche WebLink

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12. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. 13. Notices. Any notices required or permitted to be given hereunder shall be deemed properly given if (a) personally served on a director of EDA or a manager of O'Brien, or (b) mailed by U.S. certified mail, return receipt requested, postage prepaid, and addressed as follows: If to O'Brien: O'Brien Holdings, LLC 9560 85th Avenue North Maple Grove, Minnesota 55369 Attn. Pat O'Brien If to EDA: 13065 Orono Parkway Elk River, Minnesota 55330 Attn. Executive Director Either party may change its address by written notice in accordance with this section. • 14. Reservation. O'Brien reserves unto itself, its tenants and successors and assigns, the right to use the portion of the Easement Area located on the O'Brien Property for other purposes not inconsistent with the rights granted to EDA under this Agreement. EDA reserves unto itself, its tenants and successors and assigns, the right to use the portion of the Easement Area located on the EDA Property for other purposes not inconsistent with the rights granted to O'Brien under this Agreement. 15. Waiver. No failure on the part of either of the parties to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof, and no single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by any related document or by law. 16. Modification. This Agreement may only be modified or amended in a writing signed by the parties hereto. 17. Construction. Each party and its respective legal counsel has had an opportunity to review this Agreement and negotiate its terms, and this Agreement shall not be construed against either party based upon who drafted this Agreement. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. • 1821372v2 4