7.0. EDSR 05-11-1998 - Laserfiche WebLink

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Sent by: DRB MINNEAPOLIS 6123405584; 05/07/98 13:01 ; Jet #801 ;Page 23/39 • Section 10.3 Restrictions on Use. The Developer agrees, for itself and its successors and assigns, and every successor in interest to the Development Property or any part thereof, that the Developer, and such successors and assigns, shall, during the term of this Agreement, devote the Development Property to,and only to and in accordance with, the uses specified in the Development Program and this Agreement. Section 10.4 Titles of Articles and Sectio . 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 10.5 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 Developer, is addressed to or deliveredpersonally to the Developer at Morrell&Morrell, Inc., 809 Jackson Ave. N.W., Elk River, Minnesota 55330; and (b) in the case of the Authority, is addressed to or delivered personally to the Authority at 13065 Orono Parkway,Elk River,Minnesota 55330, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as ioprovided in this Section. Section 10.6 Disclaimer of Relation5h,ps. The Developer acknowledges that nothing contained in this Agreement nor any act by the Authority or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary,principal and agent, limited or general partner, or joint venture between the Authority and the Developer or any third party. Section 10.7 Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the Authority. Section 10.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.9 judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. Section 10.10 Term. This Agreement shall be in full force and effect from the date hereof 411 until the date on which the Authority's Tax Increment Financing District No. 18 terminates, and on that date this Agreement shall also terminate, unless earlier terminated pursuant to the terms of this Beck?548664.2 18