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Attn: Public Services Director <br />Telephone: 651-982-2444 <br />32. Binding Effect. This Agreement will extend to and bind the heirs, personal <br />representatives, successors, and assigns of the parties hereto. <br />33. Assignment. None of the parties to this Agreement will transfer or assign this <br />Agreement or any of the parties' rights or obligations under this Agreement without the express <br />written consent of the other party; provided, however, that Tenant will have the right, without <br />notice to or consent of Owner, to assign its rights under this Agreement in whole or in part to: (a) <br />any entity controlling, controlled by or under common control with Tenant; (b) any entity <br />acquiring substantially all of the assets of Tenant; or (c) any successor entity in a merger or <br />consolidation involving Tenant. <br />34. Owner Equipment. This Agreement will not be construed so as to preclude <br />additions, deletions, or modifications by Owner to Owner's own equipment at this location. No <br />additions, deletions, or modifications to Tenant's equipment at this location may be made which, <br />within Owner's reasonable discretion, harmfully interfere with Owner's use at its location. <br />35. Recording. At the request of either party, the parties will execute a written <br />memorandum of this Agreement, which will be recorded as appropriate under the recording laws <br />of the county and state in which the Leased Property is located. At the expiration or termination <br />of this Agreement, Tenant will promptly execute a quit claim and/or release of any interest in the <br />Leased Property, in recordable form, and deliver the same to Owner. <br />36. Severability. If any court of competent jurisdiction finds any provision or party of <br />this Agreement is invalid, illegal, or unenforceable, that portion will be deemed severed from <br />this Agreement, and all remaining terms and provisions of this Agreement will remain binding <br />16 <br />