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conveying property within PID 75-011-4100 to third parties shall include notice of this use <br />restriction. <br />b. Cargill is granted a right of entry to plant and harvest crops on PID 75-011- <br />4100 during the 2021 season. <br />C. Cargill will be allowed to plant and harvest crops in future years on those <br />portions of PID 75-011-4100 which the City has not sold or commenced development of. <br />Upon the sale of PID 75-011-4100 or any portion thereof, this right, including the right to <br />harvest planted crops, will expire as to that portion. The City will provide Cargill with 30 <br />days' written notice of a prospective sale. <br />MISCELLANEOUS <br />10. If any dispute arises among the parties with respect to any of the provisions of this <br />Agreement, the parties agree to enter in the first instance into non -binding mediation to attempt to <br />resolve the same before a mediator mutually agreed to by the parties. The cost of such mediation <br />will be divided evenly between the parties. If mediation is not successful in arriving at an <br />agreement as to how to resolve any such dispute, then the parties, or either of them, may pursue <br />whatever legal rights and remedies which may exist with respect to enforcement of this Agreement. <br />11. Any and all notices required or sent in accordance with this agreement shall be <br />in writing, by U.S. Mail or by electronic communications or facsimile with hard copy to <br />follow by U.S. Mail, to the following: <br />Cargill: Cargill Animal Nutrition Attorney <br />Cargill, Incorporated <br />15407 McGinty Road West MS-24 <br />Wayzata, MN 55391 <br />[e] kate_hibbard@cargill.com <br />The City: City Administrator <br />City of Elk River <br />13065 Orono Parkway <br />P.O. Box 490 <br />Elk River, MN 55330 <br />12. This Agreement constitutes the entire agreement of the parties hereto <br />concerning the subject matter hereof. It may not be supplemented, modified or changed orally, <br />but instead can be amended only if agreed to in writing by both parties. <br />13. The parties have reviewed this Agreement, and the rule of construction to the <br />effect that any ambiguities are to be resolved against the drafting party shall not be employed <br />in the interpretation of this Agreement. <br />14. Each of the parties acknowledges and represents that it has been represented by <br />competent counsel of its own choosing during the negotiation and execution of the <br />Agreement. Each party further represents and declares that in executing this Agreement it <br />3 <br />