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2. SR 05-14-2007
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2. SR 05-14-2007
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1/21/2008 8:36:53 AM
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<br />Section 4.02. Certain Defined Terms. Unless the context hereof clearly requires otherwise, <br />capitalized terms used in this Ground Lease and defined in the Lease are used herein with the same <br />meanings as set forth in the Lease. <br /> <br />Section 403. Severabllitv. ill the event any provision of this Ground Lease shall be held invalid <br />or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render <br />unenforceable any other provision hereof. <br /> <br />Section 4.04. Amendments. Chan"es. and Modifications. This Ground Lease may be amended <br />or any of its terms modified only by written amendment authorized and executed by the City and the <br />Authority. <br /> <br />Section 4.05. Further Assurances and Corrective illstruments. The Authority and the City agree <br />that they will, if necessary, execute, acknowledge and deliver, or cause to be executed, acknowledged and <br />delivered, such supplements hereto and such further instruments as may reasonably be required for <br />correcting any inadequate or incorrect description of the Site and the Facilities or for carrying out the <br />expressed intention of this Ground Lease. <br /> <br />Section 4.06. ExeCUTIon ill Countemarts. This Ground Lease may be executed in several <br />counterparts, each of which shall be an original and all of which shall constitute but one and the same <br />instrument. <br /> <br />Section 4.07. Aoohcable Law. This Lease shall be governed by and construed in accordance <br />with the laws of the State of Minnesota <br /> <br />Section 4.08. Authorized Officers. Whenever under the provisions of this Ground Lease the <br />approval of the Authority or the City is required, or the Authority or the City is required to take some <br />action at the request of the other, such approval of such request shall be given for the Authority or for the <br />City by an Authorized Authority Representative or Authorized City Representative, as the case may be, <br />any party hereto shall be authorized to rely upon any such approval or request. The term "Authorized <br />Authority Representative" means the Executive Director of the Authority or such other person at any time <br />designated to act on behalf of the Authority by written certificate furnished to the City, containing the <br />specimen signature of such person and signed on behalf of the Authority by the Executive Director; and <br />the term "Authorized City Representative" means the City Administrator of the City or such other person <br />at any time designated to act on behalf of the City by written certificate furnished to the Authority, <br />containing the specimen signature of such person and signed on behalf of the City by the City <br />Administrator. ill each case, such certificate may designate an alternate or alternates. <br /> <br />Section 4.09. Caotions. The captions or headings in this Ground Lease are for convenience only <br />and in no way define, limit or describe the scope or intent of any provisions or Sections of this Ground <br />Lease. <br /> <br />Section 4.10. Notices. All notices, certificates, requests or other communications hereunder shall <br />be sufficiently given and shall be deemed given when delivered personally or mailed by first class mail or <br />mailed by certified or registered mail, return receipt requested, postage prepaid, addressed to the City or <br />Authority (as the case may be) as follows <br /> <br />City of Elk River/Elk River EDA <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br /> <br />4 <br />
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