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Page 8 <br /> • (04) Waiver- Any waiver, whether express or implied, by any <br /> party of a breach of any provision of this Agreement will not <br /> operate as or be construed to be a waiver of any subsequent <br /> breach of this Agreement. <br /> (05) Notices- All notices and demands specified herein shall be <br /> deemed appropriately and timely given when delivered personally <br /> or deposited in the United States mail to the addresses hereinafter <br /> set forth by certified mail (return receipt requested). The addresses <br /> of the parties hereto are as follows until changed by written notice <br /> given as 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: Aggregate Industries-North Central Region, <br /> Inc. <br /> ATTN: Bob Bieraugel <br /> 2915 Waters Road, Suite 105 <br /> Egan, Minnesota 55121 <br /> (06) Incorporation by Reference- All plans, special provisions, <br /> proposals and specifications, submitted pursuant to this <br /> Agreement shall be and hereby are made a part of this Agreement <br /> by reference as fully as if set forth herein in full. <br /> IN WITNESS WHEREOF, the City and Operator have caused this <br /> Agreement to be duly executed on the day and year first above written. <br /> CITY OF ELK RIVER OPERATOR/FEE OWNER: <br /> Aggregate Industries-North Central <br /> Region, Inc. <br /> By: By: <br /> Its: Mayor <br /> By: By: <br /> . Its: City Administrator <br /> s:\b&z\stever\gravcup doc <br />