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ARTICLE VIII <br />NOTICES <br />All notices herei ider by either Party to the other shall be in writing. All notices, demands, <br />or requests shall be deemed given when mailed, postage prepaid, registered or certified mail, return <br />receipt requested. <br />If to the City Ifto SBC: <br />City Administrator Chow Mixed Grill & BBQ, I L.0 <br />City of Elk River Alin: Scott Bullock <br />13065 Orono Parkway 14043 Business Center Drive N TXV <br />Elk River, MN 55330 Elk River, MN 55330 <br />ARTICLE IX <br />GENERAL PROVISIONS <br />A. Amendments. Neither this Management Agreement nor any term or provision <br />hereof may be changed, waived, discharged or terminated, except by a written instrument signed by <br />tlne Parties hereto. <br />B. Interpretation of Management Agreement. The captions preceding the articles and <br />sections of this Management Agreement have been inserted for convenience of reference only and <br />such captions shall ui no way define or limit the scope of intent of any provision of this Management <br />Agreement. Unless otherwise pro-,rided herein, whenever the consent of the City is required to be <br />obtained, the City may give or withhold such consent in its sole and absolute discretion. <br />C. Severability. If any provision of this Management Agreement or the application <br />thereof to any person, entity, or circumstance shall, to any extent, be invalid or miennforceable, the <br />remainder of this Management Agreement shall not be affected thereby, and each other provision <br />of this Management Agreement shall be valid and be enforceable to the fullest extent permitted by <br />law. <br />D. Attorneys' Fees. In the event of a dispute regarding any provisions of this <br />Management Agreement, the Party not prevailing in such dispute shall pay any and all costs and <br />expenses incurred by the other Part-v in enforcuig or establishing its right hereunder (whether or not <br />such action is prosecuted to judgment), including -without limitation, court costs and attorneys' fees. <br />E. Time of Essence. Time is of the essence with respect to all provisions of this <br />Management Agreement in which a definite time for performance is specified including, but not <br />limited to, die expiration of the terns. <br />F. Cumulative Remedies. All rights and remedies of either party hereto set forth in this <br />Management Agreement shall be cumulative, except as may othenvise be provided herein. <br />G. Survival of Indemnities. Termination of this Management Agreement shall not affect <br />the right of the City or SBC or to enforce any and all indemnities and representations and warranties <br />(11752655.4 ) <br />EL185-44-683214_v4 <br />