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<br />28 <br />LA515\89\721081.v13 <br /> <br />39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand <br />delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail <br />at the following address: 2100 County Rd 42 W, Burnsville, MN 55337. Notices to the City shall <br />be in writing and shall be either hand delivered to the City Administrator or mailed to the City by <br />certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3880 <br />Laverne Avenue N., Lake Elmo, Minnesota 55042. <br />40. EVIDENCE OF TITLE. The Developer shall furnish the City with evidence of fee <br />ownership of the property being platted by way of a title insurance policy dated not earlier than 30 <br />days prior to the execution of the plats. <br />41. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, <br />ordinances, regulations, and directives of the state of Minnesota and the City applicable to the <br />Subdivision. This Agreement shall be construed according to the laws of the Minnesota. <br />42. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, <br />illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to <br />such section and shall not invalidate or render unenforceable any other provision of this <br />Agreement. <br />43. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement <br />is cumulative and in addition to every other right, power, or remedy, express or implied, now or <br />hereafter arising, or available to the City at law or in equity, or under any other agreement. Each <br />and every right, power, and remedy herein set forth or otherwise so existing may be exercised <br />from time to time as often and in such order as may be deemed expedient by the City and shall <br />not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. <br />If either party waives in writing any default or nonperformance by the other party, such waiver <br />shall be deemed to apply only to such event and shall not waive any other prior or subsequent <br />default.