08/12/1996 Council Packet - Laserfiche WebLink

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condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained. All rights, powers, options or remedies afforded to Seller either hereunder or by law shall be cumulative and not alternative, and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law. 8. Miscellaneous. (a) Notice; Delivery. Any notice given under this Agreement shall be deemed given on the date the same is hand delivered to the following addresses or is deposited in the United States mail, registered or certified, postage prepaid, addressed as follows: To Seller: Richard Schreier To Buyer: City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 All documents to be delivered shall be delivered to the above addresses. (b) Interpretation. All previous negotiations and understandings between the parties or their respective agents and employees, with respect to the transactions set forth herein are merged in this Agreement which alone fully and completely expresses the parties' rights, duties and obligations; and this Agreement constitutes the entire understanding between the parties. This Agreement may be amended or modified only in writing signed by both parties. All conditions precedent to Seller's performance hereunder and all options in favor of Seller hereunder to terminate this Agreement are for the sole benefit of Seller and, as such, may be unilaterally waived by Seller. That this sale was made under the threat of eminent domain by the City of Lino Lakes in the event acquisition was not accomplished through negotiation. (c) Headings. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof. (d) Assignment. Neither party may assign its rights and interest in this Agreement without the prior written consent of the other party. (e) Time. Time shall be of the essence hereof. -5-