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harmless from any and all claims or actions arising from the right to <br />withhold the issuance of such permits and certificates and from other <br />provisions hereof. <br />10.) Binding Effect - The terms and provisions hereof shall be binding upon <br />and inure to the benefit of the heirs, representatives, successors and <br />assigns of the parties hereto and shall be binding upon all Third Parties <br />or other future owners of all or any part of the Project, 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 and <br />encumbrancers of all or any part of the Project, and all recording fees, <br />shall be paid by the Developer. <br />11.) Severable - In the event that any portion of this PUD Agreement shall <br />be held invalid for any reason, the same shall not affect in any respect <br />whatsoever the validity of the remainder of this PUD Agreement. <br />12.) Waiver - Any waiver, whether express or implied, by any parry of a <br />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 />13.) Notices - All notices and demands specified herein shall be deemed <br />appropriately and timely given when delivered personally or deposited <br />in the United States Main to the addresses hereinafter set forth by <br />certified mail (return receipt requested). The addresses of the parties <br />hereto are as follows until changed by written notice given as above: <br />If to the City at: <br />If to the Developer at: <br />City of Elk River <br />Attn: City Administrator <br />P.O. Box 490 <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />Scott Powell <br />17219 Highway 10 NW <br />Elk River, MN 55330 <br />14.) Incorporation by Reference - All plans, special provisions, proposals, <br />specifications and contracts made or to be made pursuant to this PUD <br />Agreement shall be and hereby are made a part of this PUD Agreement <br />by reference as fully as if set forth herein in full. <br />15.) Entire Agreement - This PUD Agreement, together with the exhibits <br />attached hereto, sets forth the entire understanding between the parties, <br />there being no terms, conditions, warranties or representations other <br />5. <br />SAPLANNINGAGREEMTS1Miss Ridge PUD.DOC <br />