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06-10-2026 Council Packet
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06-10-2026 Council Packet
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<br />14 <br />Error! Unknown document property name. <br />New York, NY 10019 <br />Attention: Alan S. Cohen <br />If to Lender: City of Little Canada <br />[515 Little Canada Rd E <br />Little Canada, MN 55117 <br />Attention: City Administrator] <br />with a copy to: Eckberg Lammers, P.C. <br />1809 Northwestern Avenue E <br />Stillwater, MN 55082 <br />Attn: Amanda Johnson <br /> <br />If to Title: Guaranty Commercial Title, Inc. <br />465 Nicollet Mall, Suite 230 <br />Minneapolis, MN 55402 <br />Phone: (612) 746-0412 <br />Attn: Wendy Ethen <br />or addressed to any such party at such other address as such party shall hereafter furnish by notice to the <br />other parties as above provided. <br />Section 7.02. Delay and Non-Waiver of Rights. The provisions of this Agreement shall inure to <br />the benefit of and be binding upon Borrower and the Lender and their respective successors and assigns. <br />No delay on the part of the Lender in exercising any right, power or privilege shall operate as a waiver <br />thereof nor shall any single or partial exercise of any right, power or privilege constitute such waiver nor <br />exhaust the same, which shall be continuing. The rights and remedies of the Lender specified in this <br />Agreement shall be in addition to and not exclusive of any other right and remedies which the Lender, by <br />operation of law, would otherwise have. <br />Section 7.03. Survival of Warranties. All agreements, representations and warranties made in this <br />Agreement shall survive its execution, and the execution of the LCDA Loan Documents, and shall continue <br />until the Lender receives payment in full for all indebtedness of Borrower incurred under this Agreement, <br />unless this Agreement is terminated as herein provided. <br />Section 7.04. Governing Law. This Agreement shall be construed and enforced according to and <br />governed by the laws of the State of Minnesota. <br />Section 7.05. Counterparts. This Agreement may be executed in any number of counterparts, all <br />of which shall constitute a single agreement, any one of which bearing signatures of all parties shall be <br />deemed an original. <br />Section 7.06. Time. Time is of the essence in the performance of this Agreement. <br />Section 7.07. Entire Agreement. This Agreement contains the entire agreement of the parties <br />hereto on the matters covered herein. No other agreement, statement or promise made by any party or by <br />any employees, officer, or agent of any party hereto that is not in writing and signed by all the parties to <br />this Agreement shall be binding. <br />Section 7.08. Severability. If any term, condition or provision of this Agreement or the application <br />thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the
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