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<br />the negotiation or implementation of any material term or condition of this <br />Agreement or the Contract; or <br /> <br /> (c) the City or the Authority determine that Administrative Costs will exceed the <br />amount initially deposited for such purpose under Section 6 and the Developer does <br />not deliver additional security to the City. <br /> <br /> If the City or the Authority terminates the Agreement under this Section, the Developer shall <br />remain liable to the City under Section 6 of this Agreement for Administrative Costs incurred by the <br />City and the Authority through the effective date of termination. <br /> <br /> Section 9. Remedies. In the event that the Developer, its successors or assigns, fail to <br />comply with any of the provisions of this Agreement, the City or the Authority may proceed to <br />enforce this Agreement by appropriate legal or equitable proceedings, or other similar proceedings, <br />and the Developer, its successors or assigns, agree to pay all costs of such enforcement, including <br />reasonable attorneys’ fees. <br /> <br /> Section 10. Severability. If any portion of this Agreement is held invalid by a court of <br />competent jurisdiction, such decision shall not affect the validity of any remaining portion of the <br />Agreement. <br /> <br /> Section 11. Amendment and Waiver. In the event any covenant contained in this <br />Agreement should be breached by one party and subsequently waived by another party, such waiver <br />shall be limited to the particular breach so waived and shall not be deemed to waive any other <br />concurrent, previous or subsequent breach. This Agreement may not be amended nor any of its <br />terms modified except by a writing authorized and executed by all parties hereto. <br /> <br /> Section 12. Notice. Notice or demand or other communication between or among the <br />parties shall be sufficiently given if sent by mail, postage prepaid, return receipt requested or <br />delivered personally: <br /> <br /> (a) As to the Authority: Housing and Redevelopment Authority <br /> of the City of Elk River <br /> 13065 Orono Parkway <br /> Elk River, MN 55330 <br /> Attn: Executive Director <br /> <br /> (b) City of Elk River <br /> 13065 Orono Parkway <br /> Elk River, MN 55330 <br /> Attn: City Clerk <br /> <br /> (c) As to the Developer: Modern Construction of Minnesota, Inc. <br /> 17981 Concord Street NW <br /> Elk River, MN 55330 <br /> Attn: Jesse Hartung <br />614738v3EL185-54 <br />-6- <br />