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Section 5.10 Recording. The City may record this Agreement and any amendments <br />thereto with the County recorder. The Developer shall pay all costs for recording. <br />Section 5.11 Relationship of Parties. Nothing in this Agreement is intended, or shall be <br />construed, to create a partnership or joint venture among or between the parties hereto, and the <br />rights and remedies of the parties hereto shall be strictly as set forth in this Agreement. All <br />covenants, stipulations, promises, agreements and obligations of the contained herein shall be <br />deemed to be the covenants, stipulations, promises, agreements and obligations of the City and <br />not of any governing body member, officer, agent, servant or employee of the City. <br />Section 5.12 Interpretation; Concurrence. The language in this Agreement shall be <br />construed simply according to its generally understood meaning, and not strictly for or against <br />any parry and no interpretation shall be affected by which parry drafted any part of this <br />Agreement. By executing this Agreement, the parties acknowledge that they (a) enter into and <br />execute this Agreement knowingly, voluntarily and willingly of their own volition with such <br />consultation with legal counsel as they deem appropriate; (b) have had a sufficient amount of <br />time to consider this Agreement's terms and conditions, and to consult an attorney before signing <br />this Agreement; (c) have read this Agreement, understand all of its terms, appreciate the <br />significance of those terms and have made the decision to accept them as stated herein; and (d) <br />have not relied upon any representation or statement not set forth herein. <br />Section 5.13 Data Practices. All data collected, created, received, maintained or <br />disseminated for any purpose in the course of the Developer's performance of this Agreement is <br />governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and any other <br />applicable state statutes, any state rules adopted to implement the Act and statutes, as well as <br />federal statutes and regulations on data privacy. <br />EL 185\74\870137.v5 <br />