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<br />v.2 (Java) <br />EL185\76\937850.v4 10 <br />16. SURVIVAL. All of the terms of this Agreement and warranties and representations herein <br />contained shall survive and be enforceable after the Closing. <br />17. NOTICES. Any notice required or permitted hereunder shall be given by personal <br />delivery; or if deposited cost paid with a nationally recognized, reputable overnight courier; or by <br />certified mail, return receipt requested; properly addressed as follows: <br />If to the EDA: Elk River Economic Development Authority <br />Attn: Executive Director <br /> 13065 Orono Parkway <br />Elk River, MN 55330 <br />Attn: Executive Director <br />Or via Email <br />Email: boneil@elkrivermn.gov <br /> <br />If to the Buyer: Java Companies LLC <br /> Attn: Mark Krogh <br /> 879 Scheffer Avenue <br /> St. Paul, MN 55102 <br />Or via Email <br />Email: mark@javacompanies.com <br /> <br /> <br /> <br />Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as <br />aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice <br />by the other party shall commence to run one business day after any such deposit. Any party may <br />change its address for the service of notice by giving notice of such change 10 days prior to the <br />effective date of such change. <br />18. CAPTIONS. The paragraph headings or captions appearing in this Agreement are for <br />convenience only, are not a part of this Agreement and are not to be considered in interpreting this <br />Agreement. <br />19. ENTIRE AGREEMENT, MODIFICATIONS. This written Agreement constitutes the <br />complete agreement between the parties and supersedes any prior oral or written agreements <br />between the parties regarding the Property. There are no verbal agreements that change this <br />Agreement and no waiver of any of its terms will be effective unless in a writing executed by the <br />parties. <br />20. BINDING EFFECT. This Agreement binds and benefits the parties and their heirs, <br />successors, and assigns. <br />21. CONTROLLING LAW. This Agreement has been made under the substantive laws of <br />the State of Minnesota, and such laws shall control its interpretation. <br />Page 26 of 41