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Section 10.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and . Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.3. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Multifamily Developer, is addressed to or delivered personally to the Multifamily Developer at 233 Park Avenue South, Suite 201, Minneapolis, Minnesota 55415; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 2077 West Larpenteur Avenue, Falcon Heights, Minnesota 55113. or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.4. Disclaimer of Relationships. Nothing contained in this Agreement nor any act by the City or the Multifamily Developer shall be deemed or construed by any person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture among the City, the Multifamily Developer, and/or any third party. • Section 10.5. Modifications. This A reement ma be modified solel throu h g y y g written amendments hereto executed by the Multifamily Developer and the City. Section 10.6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.7. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the parry who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. Section 10.8. Business Subsidy Agreement. The City has held a public hearing on the provision of a business subsidy to the Multifamily Developer as required by Minnesota Statutes, Sections 116J.993 to 116J.995. After the public hearing the City found that there are no wage or job goals required of the Multifamily Developer because the primary purpose of the City in assisting the Multifamily Developer's development is to eliminate blighted and deteriorating improvements on the subject property and to provide affordable housing for low and moderate income persons and their families, and not for the purposes of job creation or retention. Notwithstanding the foregoing, at the time of conveyance of the Shopping Center Parcel to the C7 ~ ~r.,~+ : ~ r~-,~.- r . <,f n ~ ,~,~ 20 .kt~~~e-l ~. `?A~~December 29, 2003 99