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<br />(1)Permits- Operator agrees to comply with all of the provisions hereof and <br />agrees to save and hold the City harmless from any and all claims or actions arising from <br />the operations of the Operator on the Property. <br /> <br /> <br />(2)Binding Effect- The terms and provisions hereof shall be binding upon, and inure <br />to the benefit of the heirs, representatives, successors, and assigns of the parties <br />hereto and shall be binding upon all future owners of all or any part of the Operation <br />and shall be deemed covenants running with the land. This Agreement shall be placed <br />of record so as to give notice hereof to subsequent purchasers and encumbrances of all <br />or any part of the Property, and all recording fees, if any, shall be paid by the Operator. <br /> <br /> <br />(3)Severable- In the event that any portion of this Agreement shall be held <br />invalid for any reason, the same shall not affect in any respect whatsoever the validity of <br />the remainder of this Agreement. <br /> <br /> <br />(4)Waiver- Any waiver, whether express or implied, by any party of a breach of any <br />provision of this Agreement will not operate as or be construed to be a waiver of any <br />subsequent breach of this Agreement. <br /> <br /> <br />(5)Notices- All notices and demands specified herein shall be deemed <br />appropriately and timely given when delivered personally or deposited in the United <br />States mail to the addresses hereinafter set forth by certified mail (return receipt <br />requested). The addresses of the parties hereto are as follows until changed by <br />written notice given as above: <br /> <br />If to the City at: City of Elk River <br />ATTN: City Administrator <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br /> <br />If to the Operator at: Max Steininger, Inc. <br />Attn: Greg Steininger <br />3080 Lexington Ave S <br />Eagan, MN 55121 <br />