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RJV-184370v2 <br />MU210-48 15 <br />City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112-1499 <br /> Phone: 763-717-4000 <br /> <br />(b) As to the Developer: _______________________________ <br />_______________________________ <br /> _______________________________ <br /> Phone: _________________________ <br /> <br />or at such other address with respect to either such party as that party may, from time to time, <br />designate in writing and forward to the other as provided in this Section 7.4. <br /> <br /> Section 7.5. Exemption from Business Subsidy Act. The parties agree that exchange of <br />Parcels A and B and construction of the Improvements is not subject to the provisions of <br />Minnesota Statutes, sections 116J.993 through 116J.995. <br /> <br /> Section 7.6. Provisions Not Merged With Deed. None of the provisions of this <br />Agreement is intended to or shall be merged by reason of any deed transferring any interest in <br />Parcels A or B and any such deed shall not be deemed to affect or impair the provisions and <br />covenants of this Agreement. <br /> <br />Section 7.7. Counterparts. This Agreement may be simultaneously executed in any <br />number of counterparts, all of which shall constitute one and the same instrument. <br /> <br /> Section 7.8. Disclaimer of Relationship. The Developer acknowledges that nothing <br />contained in this Agreement nor any act by the City or the Developer shall be deemed or <br />construed by the Developer or by any third party to create any relationship of third-party <br />beneficiary, principal and agent, limited or general partnership or joint venture between the City <br />and the Developer. <br /> <br /> Section 7.9. Time is of the Essence. The Date of Closing is of the essence. In the event <br />this transaction does not close on the Date of Closing because the Developer is unable to perform <br />as required by this Agreement, the Agreement shall be null and void. <br /> <br /> Section 7.10. Entire Agreement. This Agreement, any attached exhibits and any addenda <br />or amendments signed by the parties shall constitute the entire agreement between the City and <br />Developer, and supersedes any other written or oral agreements between City and Developer. <br />This Agreement can only be modified in writing signed by City and Developer. <br /> <br /> Section 7.11. Binding Effect. This Agreement shall inure to the benefit of and bind the <br />respective heirs, executors, administrators and assigns of Developer and City, including without <br />limitation any successor in interest to either Developer or City with respect to this Agreement or <br />the Properties or both. <br /> <br /> Section 7.12. Restrictions on Use. The Developer agrees that the Developer, and its <br />successors and assigns: (a) shall not discriminate upon the basis of race, color, creed, sex,