4.5. SR 06-04-2018 - Laserfiche WebLink

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(a) in the case of the Developer is addressed to or delivered personally to: Jackson Hills Residential Suites, LLC 633 Upland Ave NW Elk River, Minnesota 55330 Attn: Client Relations (b) in the case of the City is addressed to or delivered personally to the City at: 13065 Orono Parkway Elk River, Minnesota 55330 Attn: City Administrator or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 5.7. No Additional Waiver Implied by One Waiver. If any agreement contained in this Agreement should be breached by either parry and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 5.8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 5.9. Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. Section 5.10. Term: Termination. Except as provided in the Declaration, and unless this Agreement is terminated earlier in accordance with its terms, this Agreement shall terminate on the Final Payment Date. Section 5.11. Provisions Surviving Rescission. Expiration or Termination. Sections 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 5.12. Superseding Effect. This Agreement reflects the entire agreement of the parties with respect to the development of the Development Property, and supersedes in all respects all prior agreements of the parties, whether written or otherwise, with respect to the development of the Development Property. Section 5.13. Relationship of Parties. Nothing in this Agreement is intended, or shall be construed, to create a partnership or joint venture among or between the parties hereto, and the rights and remedies of the parties hereto shall be strictly as set forth in this Agreement. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City. 20 519394v8 1SB ELI 8549