5.0. 6.0. 7.0. EDSR 07-12-1999 - Laserfiche WebLink

Home Browse Search

FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3) (FRI) 7, 9. 99 9:41/ST. 9:28/NO. 4261218754 P 28 • remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority or the Redeveloper to exercise any remedy reserved to it, it shall not be necessary to give notice,other than such notice as may be required in this Article VMI. Section 8.4 No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent,previous or subsequent breach hereunder. ARTICLE IX. Additional Provisions Section 9.1 Representatives Not Individually Liable. No member, official, or employee of the Authority shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach, or for any amount which may become due to the Redeveloper or successor on account of any obligations under the terms of the Agreement. Section 9.2 Equal Employment Opportunity. The Redeveloper, for itself and its • successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non-discrimination laws and regulations. Section 9.3 Restrictions on Use. The Redeveloper agrees, for itself and its successors and assigns, and every successor in interest to the Redevelopment Property or any part thereof, that the Redeveloper, and such successors and assigns, shall, until the Maturity Date, devote the Redevelopment Property to,and only to and in accordance with, the uses specified in the Planned Unit Development Agreement and this Agreement. Section 9.4 Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.5 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at Associated Investors of Elk River, Inc. c/o Fischer Sand & Aggregate, Apple Valley, MN 55124, Attention: Mathias Fischer; and to Anthony Gleekcl, 1300 Washington • Square, 100 Washington Avenue South,Minneapolis,MN 55401; and -24-