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8. Execution in Counterparts. This Agreement may be executed in counterparts by the <br /> parties hereto. <br /> 9. Waiver. No failure by any party to insist upon the strict performance of any covenant, <br /> duty, agreement, or condition of this Agreement or to exercise any right or remedy <br /> consequent upon a breach thereof, shall constitute a waiver of any such breach of any <br /> other covenant, agreement, term, or condition, nor does it imply that such covenant, <br /> agreement, term or condition may be waived again. <br /> 10. Work Product. All records, information,materials and other work products prepared <br /> and developed in connection with the provisions of services hereunder shall become the <br /> exclusive and confidential property of the City. No such products shall be made available <br /> to any other individual or organization by Images without the prior written approval of <br /> the City. <br /> 11. Mutual Renegotiation. This Agreement may be renegotiated by the City and Images <br /> upon mutual consent of both of the parties. Any such mutual renegotiations of this <br /> Agreement must be reduced to writing as either an amendment to this Agreement or as an <br /> entirely new agreement. <br /> ARTICLE VI: DEFINITIONS OF TERMS USED IN AGREEMENT <br /> 1. Center-The gymnasium, lounge senior center and meeting room A and B in the Mounds <br /> View Community Center. <br /> 2. City-The City of Mounds View, a municipal corporation under the laws of Minnesota. <br /> For purposes of reserving and using the Facility and paying compensation under this <br /> agreement, the term "City"shall also include any other individual or entity that the City <br /> may contract with to provide recreation programming for the City; the City will provide <br /> Images with a written list of any such individual(s) or entities and authorized events prior <br /> to them being included as a City use. <br /> 3. Community Center-The entire Mounds View Community Center, including the Center <br /> and the Facility, as well as the kitchen, day care center and community education area. <br /> 4. Facility -The banquet hall portion of the Mounds View Community Center. <br /> 5. Elegant Thymes Catering (ETC) -Elegant Thymes Catering, a division of Royal Fare Food <br /> Emporium, L.L.C. <br /> CITY OF MOUNDS VIEW <br /> Page 7 <br />