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H. The DEPARTMENT may change the repayment schedule in accordance with Section A of this <br />agreement by providing written notice of such changes. <br />I. This agreement shall be binding upon and inure to the benefit of the successors and permitted <br />assignees of the parties. Prior to the transfer of this agreement to successors or assignees, the LENDER shall <br />notify the DEPARTMENT in writing of the pending transaction and implement requirements for transfer of this <br />agreement or withdrawal from this program. <br />J. In the event that any covenant, condition or provision of this agreement is held to be invalid or <br />unenforceable by a final judgment of court of competent jurisdiction or if provisions of Minn. Stat. § 17.117, Title <br />VI of the Clean Water Act, 40 CFR part 35, or other applicable state or federal law or regulation is amended, the <br />invalidity or conflicting provisions thereof shall in noway affect any of the other covenants, conditions, provisions <br />hereof. If there is a change instate or federal law or regulation, the changed state or federal law or regulation <br />shall take precedence over the provisions of this agreement. <br />K. The DEPARTMENT and the LENDER accept and agree to comply with all terms, provisions, conditions <br />and commitments of this agreement and attachments, including all incorporated documents, and to fulfill all <br />assurances, declarations, representations and commitments made in the application, and accompanying <br />documents and communications filed in support of the request for these funds. The terms of Minn. Stat. 17.117, <br />other applicable Minnesota statute and rules, and rules and guidelines of the appropriation authority shall <br />supersede any conflicting language in this agreement, attachments, and amendments. <br />L. The DEPARTMENT and the LENDER acknowledge their assent to this agreement and agree to be <br />bound by its terms through their signatures entered below. <br />APPROVED: APPROVED: <br />FORTHE LENDER: Commissioner of Administration <br />LENDER certifies that the appropriate persons) have executed the <br />By. <br />Contract on behalf of the LENDER as required by applicable articles, <br />by-laws, resolutions, or ordinances. <br />Date: <br />By: <br />Title: <br />City of Elk River Representative <br />Date: <br />APPROVED: <br />Commissioner of Agriculture <br />By: <br />Date: <br />This instrument drafted by: Minnesota Department of <br />Agriculture, St Paul, Minnesota 55155 <br />Minnesota AgBMP Loan Program <br />