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Title LLC may assume (i) the accuracy and truth of any written instruments, notice, certificate or <br />opinion given to it and (ii) the authenticity of any signatures thereon, without further <br />investigation, except in the case of palpable forgery, or alteration or other fraud. <br />7. Taxes and Assessments. Real estate taxes associated with the subject property to <br />be conveyed from MPD to Little Canada shall be paid 50% by MPD and 50% by Little Canada <br />for the payable year 2003. Little Canada shall assume all current and pending special <br />assessments for subject property. <br />8. Severability. The unenforceability, invalidity, or illegality of any provision shall <br />not render the other provisions unenforceable, invalid, or illegal. <br />9. Waiver. No consent or waiver, express or implied, by any party to this <br />Agreement of any breach or default by the other in the performance of any obligation under this <br />Agreement shall be deemed or construed to be a consent to or waiver of any other breach or <br />default by such party. Failure on the part of any party to complain of any act or failure to act of' <br />the other party or to declare the other party in default, irrespective of how long such failure <br />continues, shall not constitute a waiver of the rights of such party. <br />10. Notices. All notices, communications, demands and requests permitted or <br />required to be given under this Agreement will be in writing and will be deemed to have been <br />given (a) when personally delivered, or (b) three (3) business days after being delivered to a <br />reliable and recognized overnight courier or messenger service which provides receipts of <br />delivery, with fees prepaid or charged to the sending party, or (c) three (3) business days after <br />being deposited in the United States mail in a sealed envelope with registered or certified mail <br />postage prepaid, addressed as follows or to such other address as set forth in a notice given in <br />accordance with this paragraph. <br />Market Place Development Company LLC <br />Attn: Mark A. Hotzler <br />c/o Grootwassink Real Estate Company <br />6440 Flying Cloud Drive, Suite 203 <br />Eden Praire, MN 55344 <br />and <br />City of Little Canada <br />Attn: Joel R. Hanson, City Administrator <br />515 E. Little Canada Road <br />Little Canada, MN 55117 <br />11. No Modifications. This Agreement may not be modified or amended without the <br />prior written consent of all parties. <br />4 <br />