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<br /> Page 7 <br />Site: Little Canada-Owasso <br />BUN: 825401 <br />4816-7859-2811.16101460\002203 <br />addition, variation or modification to this <br />Easement shall be void and ineffective <br />unless made in writing and signed by the <br />parties hereto. <br />23. Construction of Document . <br />Grantor and Crown acknowledge that this <br />document shall not be construed in favor of <br />or against the drafter and that this document <br />shall not be construed as an offer until such <br />time as it is executed by one of the parties <br />and then tendered to the other party. <br />24. Applicable Law. This Easement <br />and the performance thereof shall be <br />governed, interpreted, construed and <br />regulated by the laws of the State where the <br />Easement is located. The parties agree that <br />the venue for any litigation regarding this <br />Easement shall be Ramsey County, State of <br />Minnesota. <br />25. Notices . All notices hereunder <br />shall be in writing and shall be given by <br />(i) established express delivery service <br />which maintains delivery records, (ii) hand <br />delivery, or (iii) certified or registered mail, <br />postage prepaid, return receipt requested. <br />Notices may also be given by facsimile <br />transmission, provided that the notice is <br />concurrently given by one of the above <br />methods. Notices are effective upon receipt, <br />or upon attempted delivery if delivery is <br />refused or if delivery is impossible because <br />of failure to provide reasonable means for <br />accomplishing delivery. The notices shall <br />be sent to the parties at the following <br />addresses: <br /> If to Grantor: <br /> <br /> Little Canada Economic <br /> Development Authority <br /> Attn: City Administrator <br /> 515 Little Canada Road E <br /> Little Canada, MN 55117 <br /> <br /> If to Crown: <br /> <br /> Crown Castle Towers 09 LLC <br /> c/o Crown Castle USA Inc. <br /> General Counsel <br /> Attn: Legal – Real Estate Dept. <br /> 2000 Corporate Drive <br /> Canonsburg, PA 15317 <br /> <br />26. Assignment. The parties hereto <br />expressly intend that the easements granted <br />herein shall be easements in gross, and as <br />such, are transferable, assignable, <br />inheritable, divisible and apportionable. <br />Crown has the right, within its sole <br />discretion, to sell, assign, lea se, convey, <br />license or encumber any of its interest in the <br />Easement Area without consent. In <br />addition, Crown has the right, within its sole <br />discretion, to grant sub -easements over any <br />portion of the Easement Area without <br />consent. Any such sale, assignment, lease, <br />license, conveyance, sub-easement or <br />encumbrance shall be binding upon the <br />successors, assigns, heirs and legal <br />representatives of the respective parties <br />hereto. An assignment of this Easement <br />shall be effective upon Crown sending <br />written notice thereof to Grantor at <br />Grantor’s mailing address stated above and <br />shall relieve Crown from any further <br />liability or obligation accruing hereunder on <br />or after the date of the assignment. <br />27. Partial Invalidity. If any term of <br />this Easement is found to be void or invalid, <br />then such invalidity shall not affect the <br />remaining terms of this Easement, which <br />shall continue in full force and effect. <br />28. Mortgages . This Easement shall <br />be subordinate to any mortgage, deed of <br />trust, pledge or other security interest in <br />Grant or’s Property given by Grantor (each a <br />“Mortgage”) which, from time to time, may <br />encumber all or a portion of Grantor’s