5.1. PCSR 03-14-2006 - Laserfiche WebLink

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. . . Page 8 (02) Binding Effect- The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Operation and shall be deemed covenants running with the land. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees, if any, shall be paid by the Operator. (03) Severable- In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (04) Waiver- Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (05) Notices- All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: City of Elk River ATTN: Environmental Adm. 13065 Orono Parkway Elk River, Minnesota 55330 If to the Operator at: Allgrellate Industries - North Central Rellion ATTN: Robert Bieraugel 2915 Waters Road, Suite 105 Eagan, Minnesota 55121 (06) Incorporation bv Reference- All plans, special prOVISIOns, proposals and specifications, submitted pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. s:\b&e \rebecca \gravel pit\gravel pits\aggregate \gravcup.doc