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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. Seyerabilil r . 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 Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />Attn: Executive Director <br />(b) City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />Attn: City Clerk <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 _6_ <br />