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4.) General Provi:sions- <br />(O1) Permits- Operator agrees to comply with all of the provisions hereof and <br />agrees to save and hold the City harmless from any and all claims or actions arising <br />from the operations of the Operator on the Property. <br />(02) Binding Effect- The terms and provisions hereof shall be binding upon, and <br />inure to the benefit of the heirs, representatives, successors, and assigns of the <br />parties hereto and shall be binding upon all future owners of all or any part of the <br />Operation and shall be deemed covenants running with the land. This Agreement <br />shall be placed of record so as to give notice hereof to subsequent purchasers and <br />encumbrances of all or any part of the Property, and all recording fees, if any, shall <br />be paid by the Operator. _ <br />(03) Severable- In the event that any portion of this Agreement shall be held <br />invalid for any reason, the same shall not affect in any respect whatsoever the validity <br />of the remainder of this Agreement. <br />(04) Waiver- Any waiver, whether express or implied, by any party of a breach of <br />any provision of this Agreement will not operate as or be construed to be a waiver of <br />any subsequent breach of this Agreement. <br />(05) Notices- All notices and demands specified herein shall be deemed <br />appropriately and timely given when delivered personally or deposited in the United <br />States mail to the addresses hereinafter set forth by certified mail (return receipt <br />requested). The addresses of the parties hereto are as follows until changed by <br />written notice given as above: <br />If to the City at: City of Elk River <br />ATTN: Building & Environmental Adm. <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />If to the Operator at: J & B Musing, Inc. <br />ATIN: Jason Bebeau <br />21310 Brook Road NE <br />Elk River, Minnesota 55330 <br />(06) Incorporation by Reference- All plans, special provisions, proposals and <br />specifications, submitted pursuant to this Agreement shall be and hereby are made a <br />part of this Agreement by reference as fully as if set forth herein in full. <br />Page 7 <br />