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11237553v3 <br /> <br /> <br /> 13 <br /> <br />ARTICLE VI <br /> <br />ADDITIONAL PROVISIONS <br />Section 6.1. Restrictions on Use. Until termination of this Agreement, the Developer <br />agrees for itself, its successors and assigns and every successor in interest to the Development <br />Property, or any part thereof, that the Developer and such successors and assigns shall operate, or <br />cause to be operated, the Project as a food processing, warehouse and distribution facility and <br />shall devote the Development Property to, and in accordance with, the uses specified in this <br />Agreement. <br />Section 6.2. Conflicts of Interest. No member of the governing body or other official <br />of the City shall have any financial interest, direct or indirect, in this Agreement, the <br />Development Property or the Project, or any contract, agreement or other transaction <br />contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such <br />member of the governing body or other official participate in any decision relating to the <br />Agreement which affects his or her personal interests or the interests of any corporation, <br />partnership or association in which he or she is directly or indirectly interested. No member, <br />official or employee of the City shall be personally liable to the City in the event of any default <br />or breach by the Developer or successor or on any obligations under the terms of this Agreement. <br />Section 6.3. Titles of Articles and Sections. Any titles of the several parts, articles and <br />sections of the Agreement are inserted for convenience of reference only and shall be <br />disregarded in construing or interpreting any of its provisions. <br />Section 6.4. Notices and Demands. Except as otherwise expressly provided in this <br />Agreement, a notice, demand or other communication under this Agreement by any party to any <br />other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, <br />postage prepaid, return receipt requested, or delivered personally, and <br />(1) in the case of the Developer is addressed to or delivered personally to: <br />Bix Real Estate Holdings, LLC <br />Attention: Reed Watson, CEO <br />3060 Centerville Road <br />Little Canada, MN 55117 <br />with a copy to: <br />Ballard Spahr LLP <br />Attention: Laura L. Krenz <br />2200 IDS Center <br />80 South 8th Street <br />Minneapolis, MN 55402