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DRAFT <br />Last Updated: 2/8/2001 <br /> <br /> <br />CARLSK-129390v10 <br />MU125-33 <br /> To the City: City Clerk-Administrator <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, Minnesota 55112 <br /> <br /> To Hammerschmidt: John Hammerschmidt <br /> _________________________________ <br /> _________________________________ <br /> <br />If either party has a change of address, that party must give written notice to the other party of such <br />change. Failure to do so will not invalidate any notices sent to the addresses listed above. <br /> <br />B. Applicable Law. This Agreement shall be construed in accordance with and governed by <br />the laws of the State of Minnesota. <br /> <br />C. Entire Agreement. This Agreement constitutes the entire Agreement between the City and <br />Hammerschmidt with respect to the matters addressed herein. <br /> <br />D. Amendment. This Agreement may be modified or amended only with the written approval <br />of the City and Hammerschmidt. <br /> <br />E. Construction. In the event that any one or more of the provisions of this Agreement, or any <br />application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the validity, <br />legality and enforceability of the remaining provisions in any application therefor shall not in any <br />way be affected or impaired thereby. <br /> <br />F. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties. <br />No assignment or attempted assignment of this Agreement or any rights hereunder shall be <br />effective. <br /> <br />G. Authority. Each of the undersigned parties warrants it has the full authority to execute this <br />Agreement. <br /> <br />H. Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, <br />agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a <br />breach thereof, shall constitute a waiver of any such breach or any other covenant, agreement, term, <br />or condition, nor does it imply that such covenant, agreement, term, or condition may be waived <br />again. <br /> <br />I. No Conflict. Hammerschmidt affirms that to the best of his knowledge, his involvement <br />in this Agreement does not result in a conflict of interest with any party or entity that may be <br />affected by the terms of this Agreement. Hammerschmidt agrees that, should any conflict or