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the negotiation or implementation of any material term or condition of this <br /> Agreement or the Contract; or <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 /> 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 /> 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 /> 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 /> 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 /> 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 /> (a) As to the Authority: Housing and Redevelopment Authority <br /> of the City of Elle River <br /> 13065 Orono Parkway <br /> Elle River, MN 55330 <br /> Attn: Executive Director <br /> (b) City of Elle River <br /> 13065 Orono Parkway <br /> Elle River, MN 55330 <br /> Attn: City Clerk <br /> (c) As to the Developer: Modern Construction of Minnesota, Inc. <br /> 17981 Concord Street NW <br /> Elle River, MN 55330 <br /> Attn: Jesse Hartung <br /> 614738v3BL185-54 _6_ <br />