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C. No Waiver. No waiver of any breach or any agreement, covenant or <br />restriction contained herein shall be construed to be a waiver of any other or future breach <br />of the same or other covenants or restrictions. <br /> <br />D. Notice Addresses. All notices shall be sent by registered or certified mail <br />addressed as follows: <br /> <br />City: City Engineer <br /> City of Elk River <br /> 13065 Orono Parkway <br /> Elk River, MN 55330 <br /> <br />HOA: Treasurer <br />th <br /> 9717 226 Avenue NW <br /> Elk River, MN 55330Either party may, by such notice, designate a new or <br />other address to which notice may be mailed. <br /> <br />E. Heading and Captions. The headings and captions of the paragraphs and <br />subparagraphs of this Agreement are inserted for convenience and reference only and shall <br />not constitute a part of this Agreement or a limitation on the scope of any paragraph or <br />subparagraph. <br /> <br />F. Severability. Whenever possible, each provision of this Agreement shall be <br />interpreted in such manner as to be effective and valid under applicable law, but if any <br />provision of this Agreement is held to be invalid, illegal or unenforceable under any <br />applicable law or rule, such provision will be ineffective only to the extent of such <br />invalidity, illegality or unenforceability without invalidating the remainder of this <br />Agreement. <br /> <br />G. Counterparts. This Agreement may be executed in two or more <br />counterparts, each of which shall be deemed an original, but all of which together shall <br />constitute one and the same document. <br /> <br />H. Governing Law. This Agreement shall be construed in accordance with and <br />governed by the laws of the State of Minnesota. <br /> <br />I. Authority. The parties each warrant and represent that the person executing <br />this Agreement on its behalf has the authority to do so and to bind said party to the terms <br />of this Agreement. <br /> <br />3 <br /> <br />