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12-06-1995 Council Agenda
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12-06-1995 Council Agenda
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304291.2 <br />between some or all of the parties hereto with the effect that this agreement shall <br />control the subject matter covered herein. <br />9.9 Any notice, instruction, or report provided for in this Agreement, <br />except as specifically provided, shall be in writing, and shall be effective in accordance <br />with the provisions that follow. If given by telecopier, it shall be effective only if the <br />sending machine provides the sender with an acknowledgment of receipt of the <br />telecopied message, and the sender confirms by telephone that all pages were <br />successfully transmitted and received. Upon such confirmation, the notice or <br />instructions shall be effective on the day transmitted. If sent by ordinary mail, it shall <br />be effective on the third business day following deposit in the U.S. Mail, postage <br />prepaid, addressed to the recipient. If sent by a nationally recognized overnight mail <br />service, it shall be effective on the next business day following timely delivery for a <br />next day service. In giving notices, the following addresses and telephone numbers <br />shall be used, subject to written notice of change by the affected party: <br />If to Developer: <br />Attn: <br />Telephone: <br />Telecopier: <br />If to the EDA: Economic Development Authority of the <br />City of Little Canada <br />If to Title: <br />Attn: <br />Telephone: <br />Telecopier: <br />Attn: <br />Telephone: <br />Telecopier: <br />9.10 Developer consents to the personal jurisdiction of the state and federal <br />courts located in the State of Minnesota in connection with any controversy relating <br />to this Agreement, the Note, the Mortgage, the other Loan Documents and any other <br />documents related thereto, waives any argument that venue in such forum is not <br />convenient and agrees that any litigation initiated by Developer against the EDA in <br />connection with this Agreement, the Note, the Mortgage, the other Loan Documents <br />and any other documents related thereto shall be venued in either the district court <br />Page 23 <br />
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