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7.3 SR 05-15-2023
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7.3 SR 05-15-2023
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7/20/2023 12:14:17 PM
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City shall be personally liable to the City in the event of any default or breach by the Developer <br />or successor or on any obligations under the terms of this Agreement. <br />Section 5.3 Titles of Articles and Sections. Any titles of the several parts, articles and <br />sections of this Agreement are inserted for convenience of reference only and shall be <br />disregarded in construing or interpreting any of its provisions. <br />Section 5.4 Notices and Demands. A notice, demand, warning or other communication <br />under this Agreement by any parry to any other shall be sufficiently given or delivered if it is <br />dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered <br />personally, and <br />(1) in the case of the Developer is addressed to: <br />Harvest Reaper, LLC <br />630 Proctor Avenue NW <br />Elk River, MN 55330 <br />Attn: <br />(2) in the case of the City is addressed to: <br />City of Elk River <br />Elk River City Hall <br />13065 Orono Parkway <br />Elk River, MN 55330-5600 <br />Attn: Director of Economic Development <br />or at such other address with respect to any such parry as that parry may, from time to time, <br />designate in writing and forward to the other, as provided in this Section. <br />Section 5.5 Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which shall constitute one and the same instrument. <br />Section 5.6 Law Governing. This Agreement will be governed and construed in <br />accordance with the laws of the State of Minnesota. <br />Section 5.7 Duration. This Agreement shall terminate on the Termination Date. <br />Section 5.8 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall <br />survive any rescission, termination or expiration of this Agreement with respect to or arising out <br />of any event, occurrence or circumstance existing prior to the date thereof. <br />Section 5.9 Superseding Effect. This Agreement reflects the entire agreement of the <br />parties with respect to the development of the Tax Abatement Property, and supersedes in all <br />respects all prior agreements of the parties, whether written or otherwise, with respect to the <br />development of the Tax Abatement Property <br />17 <br />EL 185\74\870137.v5 <br />
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