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Pagel <br />04) Waiver-Any waiver,whether express or implied, by any party of a breach of <br />any provision of this Agreement will not operate as or be construed to be a waiver of <br />any subsequent breach of this Agreement. <br />05) 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 />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, proposals and <br />specifications, submitted pursuant to this Agreement shall be and hereby are made a <br />part of this Agreement by reference as fully as if set forth herein in full. <br />IN WITNESS WHEREOF, the City and Operator have caused this Agreement to <br />be duly executed on the day and year first above written. <br />CITY OF ELK RIVER <br />B y• <br />r4/Qt(fgI : Ma or <br />By: <br />ist9 <br />Its: City Administrator <br />N:\Departments\Community Development\Planning\Case Files\CUP\CU 17-14 Tiller