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Page 9 <br /> encumbrances of all or any part of the Property, and all recording fees, <br /> • 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 in any respect <br /> whatsoever the validity of the remainder of this Agreement. <br /> (04) Waiver- Any waiver, whether express or implied, by any party of <br /> 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: Building and Zoning Administrator <br /> 13065 Orono Parkway ,P.O. Box 490 <br /> Elk River, Minnesota 55330-0490 <br /> • If to the Operator at: Tiller Corporation <br /> Attn: Brent Schlueter <br /> PO Box 1480 <br /> Maple Grove, Minnesota 55311-6480 <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 /> 0 <br /> \\elkrive r\sys\shrdoc\b&z\stever\gravcup.doc <br />