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Page 8 <br />(04) Waiver- Any waiver, whether express or implied, by any party of <br />a breach of any provision of this Agreement will not operate as or be <br />construed to be a waiver of any subsequent breach of this Agreement. <br />(05) Notices- All notices and demands specified herein shall be <br />deemed appropriately and timely given when delivered personally or <br />deposited in the United States mail to the addresses hereinafter set <br />forth by certified mail (return receipt requested). The addresses of the <br />parties hereto are as follows until changed by written notice given as <br />above: <br />If to the City at: City of Elk River <br />ATTN: Environmental Adm. <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />If to the Operator at: Bauerly Bros., Inc. <br />ATTN: Holly Brisk <br />4787 Shadow Wood Dr NE <br />Sauk Rapids, Minnesota 56379 <br />(06) Incorporation by Reference- All plans, special provisions, <br />proposals and specifications, submitted pursuant to this Agreement <br />shall be and hereby are made a part of this Agreement by reference as <br />fully as if set forth herein in full. <br />IN WITNESS WHEREOF, the City and Operator have caused this <br />Agreement to be duly executed on the day and year first above written. <br />CITY OF ELK RIVER <br />By: <br />Its: Mayor <br />By: <br />Its: City Administrator <br />OPERATOR/FEE OWNER: <br />Bauerly Bros., Inc. <br />By: <br />Its: <br />s:\planning\case files\2006\cup\cu 06-20 bauerly\cup doc.doc <br />