12-19-2001 Council Agenda - Laserfiche WebLink

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equity or by statute. No delay or omission to exercise any right or power accruing upon any default impairs any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 13.5. No Implied Waiver. To waive its right to require another Party to perform an obligation or observe a restriction set forth in this Agreement, the waiving Party must execute an express, written waiver and the waiver is limited to the particular default so waived and is not deemed to waive any other concurrent, previous or subsequent default hereunder. 13.6. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the non - defaulting Party employs attorneys or incurs other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting Party herein contained, the defaulting Party must pay to the non - defaulting Party the reasonable fees of such attorneys and such other expenses so incurred by the non - defaulting Party. 14. ADDITIONAL PROVISIONS. 14.1. Section Titles and Section References. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and should be disregarded in construing or interpreting any of its provisions. References to a specific section or subsection are intended to reference sections and subsections of this Agreement unless a different document is expressly referenced. 14.2. Notices and Demands. Any notice, demand or other communication required or permitted under this Agreement is effective two Business Days after it is sent, via registered or certified mail, postage prepaid, return receipt requested to: (a) in the case of the Developer: (b) in the case of the City or the Authority the City Administrator at: 515 East Little Canada Road Little Canada, MN 55117. Any Party may change the address to which notices to that Party are to be sent by written notice to the other Parties. If a notice is delivered by means other than registered or certified mail, the notice is effective as of the date the City Administrator, in the case of notices to the City or the Authority, or an officer or other representative of the Developer with actual or apparent authority, in the case of notices to the Developer, actually 1353333vDOC Red (V3 to V2) Page 132