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04-14-1997 EDA
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04-14-1997 EDA
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Last modified
1/29/2025 9:15:13 AM
Creation date
6/15/2018 6:13:22 AM
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MV Commission Documents
Commission Name
Economic Development Authority
Commission Doc Type
Agenda Packets
MEETINGDATE
4/14/1997
Commission Doc Number (Ord & Res)
0
Supplemental fields
Date
4/14/1997
EDA Document Type
Council Packets
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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 Kenmark <br /> Partnership, LLP, c/o Benson-Orth Associates, 14001 Ridgedale <br /> Drive, Suite 320, Minnetonka, Minnesota 55305; 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 /> • <br /> or at such other address with respect to either such Party as that <br /> III 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 /> 4111 alleged third party beneficiary or otherwise, any rights or <br /> 346932.2 6-1 <br />
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