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6.9.B. SR 05-16-2005
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6.9.B. SR 05-16-2005
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1/21/2008 8:35:01 AM
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5/13/2005 9:01:45 AM
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<br />Section 10.6 Consents and Approvals. In all cases where consents or approvals are <br />required hereunder, such consents or approvals shall not be unreasonably conditioned, delayed or <br />withheld.: All consents or approvals shall be in writing in order to be effective. <br /> <br />Section 10.7 Representatives.' Except as otherwise provided herein, all approvals and <br />other actio.ns required of or taken by the City shall be effective upon action by the City <br />Representative: All actions required of or taken by Developer shall be effective upon action by <br />the Developer Representative. <br /> <br />Section 10.8 Superseding Effect, This Agreement reflects tJ1e entire agre'ement of the <br />'Parties with respect to the matters covered herein, and supersedes in all respects all prior <br />agreements of the .Parties, whether written or otherwise, with respect to such matters. <br /> <br />Section 10.9 Relationship of Parties. Nothii::1.g in'this Agreeme4t is intended, or shalI" <br />be construed, to create a partnership or joint venture among or between .the Parties, and the rights <br />and remedies of the Parties shall be strictly as set forth in this Agreement. <br /> <br />Section 10.10 Term. The term of this Agreement shall be effective from the day and <br />year first above written until the earlier of (a) the date this Agreement is terminated pursuant to <br />Section 9.4(c) payment in full of the Tax Increment Revenue Note or any Refunding Bonds, or <br />(c) the date that the City is no longer receiving Available Tax Increment with respect to . <br />termination of the Tax lncrement District. <br /> <br />Section 10.11 Venue: All matters, whether sounding in tori or in contract, relating to the <br />validity, construction, performance, or enforcement of this Agreementshall be controlled by and <br />determined in accordance with the laws of the State of Minnesota, and the Developer agrees that <br />all legal actions initiated by the Developer or City with .respect to or arising from any provision <br />contained in' this Agreement shall be initiated, filed' and venued exclusively in the State of <br />Minnesot~ Sherburne County, bistrict Court and shall not be removed therefrom to any other <br />federal or state court. . <br /> <br />Section 10.12 Provisions Surviving Rescission or Expiration. Section 8.3 shall <br />survive any rescis~ion, terminajion or expiration of this Agreement with respect to or arising out <br />of any event, occurrence or circumstance existing prior to the date thereof. <br /> <br />1674205v9 <br /> <br />46 <br />
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