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05-09-1994 EDA WS
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05-09-1994 EDA WS
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Last modified
3/3/2025 6:51:18 AM
Creation date
3/13/2012 12:41:45 PM
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MV Commission Documents
Commission Name
Economic Development Authority
Commission Doc Type
Agenda Packets
MEETINGDATE
1/1/1994
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_ __ _ . _ <br />: _. _ _ � :_: <br />__;__ �___ __ _ <br />ARTICLE VI <br />Additional Provisions <br />Section 6.1. Titles of Articles and Sections. Any titles of <br />the several parts, Articles and Sections of this Agreement are <br />inserted for convenience of reference only and shall be disregarded <br />in construing or interpreting any of the provisions hereof. <br />Section 6.2. Notices and Demands. Except as otherwise <br />expressly provided in this Agreement, a notice, demand or other <br />communication under the Agreement by either Party to the other <br />shall be sufficiently given or delivered if sent by regular mail, <br />postage prepaid, or delivered personally or telecopied, <br />(a) in the case of the Developer, to Everest <br />Development, Ltd., 2685 Long Lake Road, Roseville, Minnesota <br />55113, Attention: President; and <br />(b) in the case of the Authority, to the Mounds View <br />Economic Development Authority at the Mounds View City Hall, <br />2401 Highway 10, Mounds View, Minnesota 55112, Attention: <br />Mounds View EDA Executive Director. <br />or at such other address with respect to either such Party as that <br />Party may, from time to time, designate in writing and forward to <br />the other Party as provided in this Section. <br />Section 6.3. Counterparts. This Agreement may be executed <br />in any number of counterparts, each of which shall constitute an <br />original hereof and all of which shall constitute one and the same <br />instrument. <br />Section 6.4. Law Governinct. The parties agree that this <br />Agreement shall be governed and construed in accordance with the <br />laws of the State of Minnesota. <br />Section 6.5. Time of the Essence. Time shall be of the <br />essence in this Agreement. <br />Section 6.6. No Third-Partv Beneficiaries. There shall, as <br />against the Authority, be no third-party beneficiaries to this <br />Agreement. More specifically, the Authority enters into this <br />Agreement, and intends that the consummation of the Authority <br />obligations contemplated hereby shall be, for the sole and <br />exclusive benefit of the Developer, and notwithstanding the fact <br />that any other "persons" may ultimately participate in or have an <br />interest in the Project, or any portion thereof, the Authority does <br />not intend that any party other than the Developer shall have, as <br />alleged third party beneficiary or otherwise, any rights or <br />262545 .1 6 -1 <br />1=. <br />
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