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SYSCO Amendment
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<br />3.10. Park Dedications/Fees/Dedications. Without limitation of any other obligation of the
<br />Developer contained in this Agreement or set forth in federal, state, or local law, the Developer
<br />agrees to comply with any dedication requirements, including park dedications or payments in
<br />lieu which may be required by the City's subdivision regulations, Mounds View City Code
<br />Chapter 1204.
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<br /> The Developer further expressly acknowledges and agrees that the Improvements and
<br />all easements and other rights in the Property necessary and related to the City’s ownership of
<br />the Improvements (all of which shall be described in the plat required by the City’s subdivision
<br />regulations), shall inure to the City upon the Developer’s compliance with this Agreement,
<br />acceptance by the City of the Improvements, and approval and recording of a final plat as set
<br />forth in the City’s subdivision regulations.
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<br />3.11. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this
<br />Agreement nor any act by the City or the Developer shall be deemed or construed by the
<br />Developer or by any third person to create any relationship of third-party beneficiary, principal
<br />and agent, limited or general partner, or joint venture between the City and the Developer.
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<br />3.12. Counterparts. This Agreement may be executed in any number of counterparts, each of
<br />which shall constitute one and the same instrument.
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<br />3.13. Choice of Law and Venue. This Agreement shall be governed by and construed in
<br />accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims
<br />arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and
<br />all parties to this Agreement waive any objection to the jurisdiction of these courts, whether
<br />based on convenience or otherwise.
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<br />3.14. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its
<br />officers, agents, and employees shall not be liable or responsible in any manner to the
<br />Developer, Developer's successors or assigns, the Developer's contractor or subcontractors,
<br />material suppliers, laborers, or to any other person or persons for any claim, demand, damage,
<br />or cause of action of any kind or character arising out of or by reason of the execution of this
<br />Agreement or the performance and completion of the Improvements. The Developer, and the
<br />Developer's successors or assigns, agree to protect, defend and save the City, and its officers,
<br />agents, and employees, harmless from all such claims, demands, damages, and causes of
<br />action and the costs, disbursements, and expenses of defending the same, including but not
<br />limited to, attorneys fees, consulting engineering services, and other technical, administrative
<br />or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of
<br />any immunity or limitation on liability to which the City is entitled under Minnesota Statutes,
<br />Chapter 466, or otherwise.
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<br />3.15. Compliance with Existing Laws. The Developer warrants that all work performed
<br />pursuant to this Agreement shall be in compliance with existing laws, ordinances, pertinent
<br />regulations, standards, and specifications of the City.
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