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04-24-2024 Council Packet
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04-24-2024 Council Packet
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132435584v2 <br /> <br /> <br /> 20 <br /> <br />waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the <br />Lender and, then only to the extent specifically set forth in the writing. A waiver with reference <br />to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy <br />as to a subsequent event. <br />Section 6.7 Default Rate. Following an Event of Default hereunder, and for so long as <br />such Event of Default shall continue, the obligations of the Borrower hereunder shall bear <br />interest at an annual rate equal to 5% per annum over the interest rate on the Note that would <br />otherwise be applicable (the “Default Rate”), for so long as such Event of Default continues. <br />ARTICLE VII <br /> <br />GENERAL <br />Section 7.1 Notices. All notices, certificates or other communications hereunder shall <br />be sufficiently given and shall be deemed given when hand delivered or received by certified or <br />registered United States mail, return receipt requested, postage prepaid, with proper address as <br />indicated below. The Issuer, the Borrower, and the Lender may, by written notice given by each <br />to the others, designate any address or addresses to which notices, certificates or other <br />communications to them shall be sent when required as contemplated by this Agreement. Until <br />otherwise provided by the respective parties, all notices, certificates and communications to each <br />of them shall be addressed as follows: <br />To the Issuer: City of Little Canada, Minnesota <br />515 Little Canada Road East <br />Little Canada, MN 55117 <br />Attn: City Administrator <br /> <br />To the Borrower: Saint Paul Academy and Summit School <br />1712 Randolph Ave. <br />Saint Paul, MN 55105 <br />Attn: Director of Finance <br />To the Lender: Bremer Bank, National Association <br />[225 S. Sixth Street, Suite 200 <br />Minneapolis, MN 55402] <br />Attn: David Borden <br />Section 7.2 Binding Effect. This Agreement shall inure to the benefit of and shall be <br />binding upon the Issuer and the Borrower and their respective successors and assigns. <br />Section 7.3 Severability. In the event any provision of this Agreement shall be held <br />invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate <br />or render unenforceable any other provision hereof. <br />Section 7.4 Amendments, Changes and Modifications. Except as otherwise provided <br />in this Agreement or in the Resolution, subsequent to the Closing date and before the Note are <br />satisfied and discharged in accordance with their terms, this Agreement may not be effectively
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