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Page 9 <br />e. In the event of a spill, washing operations should be terminated <br />until such time that the extent and potential impact from the spill <br />can be determined through testing as determined necessary by the <br />City. <br />4.) General Provisions- <br />(01) Permits- Operator agrees to comply with all of the provisions <br />hereof and agrees to save and hold the City harmless from any and all <br />claims or actions arising from the operations of the Operator on the <br />Property. <br />(02) Binding Effect- The terms and provisions hereof shall be binding <br />upon, and inure to the benefit of the heirs, representatives, successors, <br />and assigns of the parties hereto and shall be binding upon all future <br />owners of all or any part of the Operation and shall be deemed <br />covenants running with the land. This Agreement shall be placed of <br />record so as to give notice hereof to subsequent purchasers and <br />encumbrances of all or any part of the Property, and all recording fees, <br />if any, shall be paid by the Operator. <br />(03) Severable- In the event that any portion of this Agreement shall <br />be held invalid for any reason, the same shall not affect in any respect <br />whatsoever the validity of the remainder of this Agreement. <br />(04) Waiver- Any waiver, whether express or implied, by any party of <br />a breach of any provision of this Agreement will not operate as or be <br />construed to be a waiver of any subsequent breach of this Agreement. <br />(05) Notices- All notices and demands specified herein shall be <br />deemed appropriately and timely given when delivered personally or <br />deposited in the United States mail to the addresses hereinafter set <br />forth by certified mail (return receipt requested). The addresses of the <br />parties hereto are as follows until changed by written notice given as <br />above: <br />If to the City at: City of Elk River <br />ATTN: Environmental Adm. <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />If to the Operator at: Knife River <br />ATTN: Holly Brisk <br />4787 Shadow Wood Dr NE <br />Sauk Rapids, Minnesota 56379 <br />c:\users\dhuebner\appdata\local\microsoft\windows\temporary internet fi1es\o1k87e4\gravcup-amend knife <br />river (2).doc <br />