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<br />ARTICLE X <br /> <br />ADDITIONAL PROVISIONS. <br /> <br />Section 10.~ Conflicts of Interest. No member of the City Councilor other official of <br />the City shall have any financial interest, direct or indirect, in this Agreement, the Development <br />Property or the Minimum Improvements, or -any contract, agreement or other transaction <br />contemplated to occur or be undertaken thereunder- or with respect thereto, nor shall any such <br />member of the governing body or other official participate in any decision. relating to the <br />Agreement which affects his or her personal interests or the interests of any corporation, <br />partnership or association in which he or she is directly or indirectly interested. No member, <br />official or employee of the City shall be personally liable to the City iIi the event of 8.?y default <br />or breach by Developer or successor or on any obligations under the terms of this Agreement. <br /> <br />, Section 10.2 Titles of Articles and Sections. Any titles of the several parts, articles <br />and Sections of the Agreement are inserted for convenience of reference only and shall be <br />disregarded in constniing or interpreting any of its provision~. <br /> <br />Section 10.3 Notices and Demands. Except as otherwise expressly provided in this <br />Agreement, a notice, 'demand, or other communication under,this Agreement by any party to any <br />other shall be sufficiently given or delivered if it is dispatched by-registered or certified mail, <br />postage prep~id, return receipt requested, or delivered personally, and <br /> <br />, , <br />(a) , in the case of Developer, is addressed to or delivered personally to Developer at <br />in the caSeofthe Developer is addressed to or delivered personally to: <br /> <br />MetroPlains . Development, LLC <br />1600 University, Avenue, Suite 212 <br />St.Paul, MN 55104-3825 <br />,Attn: President <br /> <br />(b) in the case of the City is addressed to or delivered personally to the City at: <br /> <br />City of Elk River, Minnesota <br />Elk River City Hall <br />13065 Orono Parkway <br />Elk River, MN 55330-5600 <br />Attn: Ad.miIiistrator <br /> <br />or at such other address with respect to any such party as that party may, from time to <br />time, designate in writing and forward to the other, as provided in this Section. <br /> <br />Section lOA Counterparts. This Agreement 'may be executed in any number of <br />counterparts, each of which shall constitute one and the same instrument. <br /> <br />Section 10.5 Law Governing:. This Agreement will be govern~d and construed in <br />accordance with the laws of the State of Minnesota. <br /> <br />1674205v9 <br /> <br />45 <br />