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nationally recognized overnight delivery company, or actually received by the recipient and addressed as follows: A. If to Sysco: Sysco Food Services of Minnesota, Inc. B. If to City: City of Mounds View 2401 Highway 10 Mounds View, MN SCI 12 ATT'N: City Administrator 5.09. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference oily and shat] not constitute a part of the Agreement or a limitation of the scope of the particular paragraphs or sections to which they apply. 5.10. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.11. This Agreement shall be construed in accordance with the laws of the State of Mim~esota. Any dispute arising from this Agreement shall be heard in the State or federal courts of Mimiesata, and all parties waive asry objection to the jurisdiction thereof; whether based. on convenience or otherwise. 5.12. Both parties represent that, to its knowledge, no toxic or hazardous substances have been generated; treated., stored, released or disposed of, or otherwise deposited in or located on Sysco Division, Easement Number I or Easement Number 2, including v~1ithout ]imitation; the surface aid subsurface waters of said aforementioned Parcels. To the City's or Sysco's knowledge, there are no substances or conditions iii or on the Sysco Division, Easement Number 1 or Easement Number 2, that would support a claim or cause of action under an Environmental Law. For purposes of this paragraph "Environmental L,aw" means the Comprehensive Environmental Response Compensation and Liability Act of 1980 (`'CERCLA"), 42 U.S.C. §9601 et seg•, the Resource Conservation and Recovery Act of I976, 42 U.S.C.§ 6901 et se4,, the Federal Water Aollution Control Act, 33 U.S.C.y~ 125I et seg•, the Clean Water Act, 33 U.S.C. § 1321 et seg•, the Clean Air Act, 421J.S.C. ~ 7401 et se ., the Toxic Substances Control Act, 15 U.S.C. § 2601 et sea., all as amended from time to time, or any other federal, state or local environmental statute, regulation, or ordinance. 5.13. Sysco acknowledges that nothing contained in this Agreement nor airy act by the City or Sysco shall be deemed or construed by Sysco or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner. or joint venture beriween the City and the Developer. 5.14. Sysco, for itself and its successors and assigns, agrees to devote the Sysco Division and only to such land uses as may be permissible under the City's land use regulations. NhE-26S559vA MiJ20>-35 •