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5. Improvements. The City plans to use tax increments from the TIF District to, among other things, make certain improvements in the rights -of -way adjacent to the Capitol View Parcel, which improvements may include installation of a water main. The City acknowledges that Capitol View has not been required to install complete fire sprinklers in the past, in part, because of the lack of such a water main near the Capitol View Parcel. The City acknowledges and agrees that Metro East 916 will not be required to install fire sprinklers in Capitol View solely as a result of installation of a water main near the Capitol View Parcel. 6. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. 7. Severability: Governing Law. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. The contract shall be governed by the laws of the State of Minnesota. 8. Modification. This contract may not be modified, changed or altered by any promise or statement unless set forth in writing and executed by both parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and delivered as of the date first written above. Attest: CITY OF LITTLE CANADA, a Minnesota municipal corporation By City Administrator Mayor Attest: 2081743v2 NORTHEAST METROPOLITAN INTERMEDIATE SCHOOL DISTRICT 916, a Minnesota intermediate school district By Its: 6