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Page S <br />successors, and assigns of the parties hereto and shall be binding upon <br />all future owners of all or any part of the Operation and shall be <br />deemed covenants running with the land. This Agreement shall be <br />placed of record so as to give notice hereof to subsequent purchasers <br />and encumbrances of all or any part of the Property, and all recording <br />fees, if any, shall be paid by the Operator. <br />(03) Severable - In the event that any portion of this Agreement shall <br />be held invalid for any reason, the same shall not affect any respect <br />whatsoever the validity of the remainder of this Agreement. <br />(04) Waiver - Any waiver, whether express or implied, by any party <br />of a breach of any provision of this Agreement will not operate as or be <br />construed to be a waiver of any subsequent breach of this Agreement. <br />(05) Notices - All notices and demands specified herein shall be <br />deemed appropriately and timely given when delivered personally or <br />deposited in the United States mail to the addresses hereinafter set <br />forth by certified mail (return receipt requested). The addresses of the <br />parties hereto are as follows until changed by written notice given as <br />above: <br />If to the City at: City of Elk River <br />ATTN: City Environmental Admin. <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />If to the Operator at: <br />Tiller Corporation <br />7200 Hemlock Lane, Suite 200 <br />Maple Grove, MN 55311 <br />(06) Incorporation by Reference- All plans, special provisions, <br />proposals and specifications, submitted pursuant to this Agreement <br />shall be and hereby are made a part of this Agreement by reference as <br />fully as if set forth herein in full. <br />s:\planning\case files\cup\cu 07-08 tiller\gravcup.doc <br />