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11-12-2014 Additions
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11-12-2014 Additions
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11/13/2014 7:37:23 AM
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respect to such subject matter, which precede or accompany the <br />execution of this Agreement. <br />25. Waiver. Any waiver of a default under this Agreement must be <br />made in writing and shall not be a waiver of any other default concerning <br />the same or any other provision of this Agreement. No delay or omission <br />in the exercise of any right or remedy shall impair such right or remedy or <br />be constructed as a waiver. A consent to or approval of any act shall not <br />be deemed to waive or render unnecessary consent to or approval of any <br />other or subsequent act. <br />26. Drafting Ambiguities. Each party to this Agreement has reviewed <br />and had the opportunity to revise this Agreement. Each party to this <br />Agreement has had the opportunity to have legal counsel review and <br />revise this Agreement. The rule of construction that any ambiguities are to <br />be resolved against the drafting party shall not be employed in the <br />interpretation of this Agreement or of any amendments or exhibits to this <br />Agreement. <br />27. Jurisdiction and Venue. This Agreement is to be construed <br />pursuant to Laws of the State of Minnesota. Jurisdiction and venue for <br />any claim arising out of this Agreement shall be made in the State of <br />Minnesota, County of Ramsey. <br />28. Receipt of Copy. TCO hereby acknowledges that it has received a <br />signed copy of this Agreement. <br />29. MISCELLANEOUS <br />A. It is understood that this Agreement contains the entire agreement <br />between City and TCO and that no statement, promise, or <br />inducements have been made to any party hereto, or any officer, <br />agent, or employee of either party hereto which is not contained <br />within this written Agreement. <br />B. This Agreement may not be enlarged, modified, or altered except in <br />writing signed by the parties and endorsed herein. It is expressly <br />understood between the parties hereto and this understanding <br />should be considered in interpreting the provisions of this <br />Agreement, that upon notice given by any party hereto, later <br />negotiations may be undertaken for the purpose of revising, adding <br />to or striking any provision or provisions of this Agreement which <br />appear unworkable or insufficient to perfect, maintain, and ensure <br />the purpose of this Agreement. Any change to the original <br />provisions of this Agreement mutually acceptable to both parties <br />shall be written and attached to this Agreement as provided above <br />and any such revision, addition, or deletion shall only apply to the <br />provision so revised, added, or deleted and the remainder of this <br />Agreement shall remain in full force and effect. <br />10 <br />
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