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<br />under this Agreement or now or hereafter existing at law or in equity or by statute. The City may <br />pursue the remedies available under this Agreement independently from the remedies available <br />to any other entity, which may attempt to take legal action against the Subject Property or <br />Property Owner. <br /> <br />M. No delay or omission to exercise any right or power accruing upon any default <br />shall impair such right power, or shall be construed to be a waiver thereof, but any such right and <br />power may be exercised from time to time and as often as may be deemed expedient by the City. <br /> <br />N. In the event any provision of this Agreement shall be held invalid, illegal, or <br />unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render <br />unenforceable any other provision hereof, and the remaining provisions shall not in any way be <br />affected or impaired thereby. <br /> <br />O. Whenever any default occurs and the City shall employ attorneys or incur other <br />reasonable expenses for the collection of payments due or to become due or for the enforcement <br />or performance or observance of any obligation or agreement on the part of the Property Owner <br />herein contained, the Property Owners agrees that he shall, on demand therefore, pay to the City <br />the reasonable fees of such attorneys and such other reasonable expenses so incurred by the City. <br /> <br />P. Except as specifically stated herein, the payment of this special assessment shall <br />be governed by Minnesota Statutes Chapter 429. <br /> <br /> <br />FOR THE CITY OF ELK RIVER <br /> <br />As approved by a majority vote of the City Council. <br /> <br /> <br />BY: <br /> John J. Dietz, Mayor <br />ATTEST: <br /> <br /> <br />Calvin Portner, City Administrator <br /> <br /> - 4 - <br /> <br />