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C. Entire Agreement. This Agreement, including the recitals, embodies the <br />entire understanding between the parties and supersedes all prior understandings and <br />agreements related to the subject matter. This License cannot be amended, altered or <br />modified, and no provisions can be waived, unless the amendment, change or modification <br />is in writing and signed by all parties. <br />D. Benefit. This Agreement shall bind and inure to the benefit of the parties <br />and their respective successors and permitted assigns. <br />E. No Waiver. No waiver of any breach or any agreement, covenant or <br />restriction contained herein shall be construed to be a waiver of any other or future breach <br />of the same or other covenants or restrictions. <br />F. Notice Addresses. All notices shall be sent by registered or certified mail <br />addressed as follows: <br />Licensor: Public Works Director <br /> City of Elk River <br /> 13065 Orono Parkway <br /> Elk River, MN 55330 <br /> <br />Licensee: Aggregate Industries <br />th <br /> 12001 213 Avenue NW <br /> Elk River, MN 55330 <br /> <br /> Lafarge Holcim <br /> 8700 W. Bryn Mawr Ave. Suite 300 <br /> Chicago, IL 60631 <br /> Attn: Legal <br /> <br />Licensee: Plaisted Industries, Inc. <br />th <br /> 11555 205 Avenue NW <br /> Elk River, MN 55330 <br /> <br />Any party may, by such notice, designate a new or other address to which notice may be <br />mailed. <br />G. Heading and Captions. The headings and captions of the paragraphs and <br />subparagraphs of this Agreement are inserted for convenience and reference only and shall <br />not constitute a part of this Agreement or a limitation on the scope of any paragraph or <br />subparagraph. <br />H. Severability. Whenever possible, each provision of this Agreement shall be <br />interpreted in such manner as to be effective and valid under applicable law, but if any <br />provision of this Agreement is held to be invalid, illegal or unenforceable under any <br />applicable law or rule in any jurisdiction, such provision will be ineffective only to the <br />extent of such invalidity, illegality or unenforceability in such jurisdiction without <br /> 5 <br /> <br />