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Agenda Packets - 2018/12/10
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Agenda Packets - 2018/12/10
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1/28/2025 4:51:39 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
12/10/2018
Supplemental fields
City Council Document Type
City Council Packets
Date
12/10/2018
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7 <br />Agreement, or to enforce performance and observance of any obligation, agreement, or <br />covenant of the Borrower under this Agreement. <br />Section 5.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />the City is intended to be exclusive of any other available remedy or remedies, but each <br />and every such remedy shall be cumulative and shall be in addition to every other remedy <br />given under this Agreement or now or hereafter existing at law or in equity or by statute. <br />No delay or omission to exercise any right or power accruing upon any default shall <br />impair any such right or power or shall be construed to be a waiver thereof, but any such <br />right and power may be exercised from time to time and as often as may be deemed <br />expedient. <br />Section 5.4 No Implied Waiver. In the event any agreement contained in this <br />Agreement should be breached by any party and thereafter waived by any other party, <br />such waiver shall be limited to the particular breach so waived and shall not be deemed to <br />waive any other concurrent, previous or subsequent breach hereunder. <br />Section 5.5 Agreement to Pay Attorneys’ Fees and Expenses. Whenever any Event of <br />Default occurs and the City shall employ attorneys or incur other expenses for the <br />collection of payments due or to become due or for the enforcement or performance or <br />observance of any obligation or agreement on the part of the Borrower herein contained, <br />the Borrower agrees that it shall, on demand therefor, pay to the City the reasonable fees <br />of such attorneys and such other expenses so incurred by the City. <br />ARTICLE VI <br /> <br />ADDITIONAL PROVISIONS <br />Section 6.1 Titles of Articles and Sections. Any titles of the several parts, articles and <br />sections of this Agreement are inserted for convenience of reference only and shall be <br />disregarded in construing or interpreting any of its provisions. <br />Section 6.2 Notices and Demands. Except as otherwise expressly provided in this <br />Agreement, a notice, demand or other communication under this Agreement by any party <br />to any other shall be sufficiently given or delivered if it is dispatched by registered or <br />certified mail, postage prepaid, return receipt requested, or delivered personally, and <br />(a) in the case of the Borrower, is addressed to or delivered personally to the <br />Borrower at: <br />Boulevard Apartments, Limited Partnership <br />Attention: Chief Manager of Mounds View Group, LLC <br /> 7645 Lyndale Avenue South <br /> Minneapolis, MN 55423 <br /> <br /> With copies to: <br />
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