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03-08-1999 CC
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03-08-1999 CC
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Last modified
1/28/2025 4:46:50 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
3/8/1999
Supplemental fields
City Council Document Type
City Council Packets
Date
3/8/1999
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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 Michael <br /> Investments, 2665 Long Lake Road, Suite 120, Roseville, <br /> Minnesota 55113 , Attention: Jeffrey L. Nielsen, General <br /> Partner; with a copy to Glenn Bergman, Peterson, Fram & <br /> Bergman, 300 Princeton Bank Building, 50 East Fifth Street, <br /> St . Paul, Minnesota 55101-1197; 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 Governing. 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-Party 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 /> 334455.6 6-1 <br />
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