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7 <br />628764v3MU210-262 <br /> (a) as to the Developer: Harstad Hills, Inc. <br /> 2195 Silver Lake Road <br /> New Brighton, MN 55112 <br /> Attn: Martin Harstad <br /> <br /> (b) as to the City: City of Mounds View <br /> 2401 County Hwy 10 <br /> Mounds View, MN 55112 <br /> Attn: City Administrator <br /> <br /> with a copy to: Scott J. Riggs, City Attorney <br /> Kennedy & Graven, Chartered <br /> 470 U.S. Bank Plaza <br /> 200 South Sixth Street <br /> Minneapolis, MN 55402 <br /> <br />or at such other address with respect to either such party as that party may, from time to time, designate <br />in writing and forward to the other as provided in this Section 3.06. The Developer has authorized <br />Martin Harstad of Harstad Hills, Inc. to represent its interests and communicate with the City for all <br />purposes related to the Subdivision, this Agreement, and any City applications related to the <br />development of the Property as contemplated by this Agreement. The City shall have no obligation <br />to send written notices related to this Agreement to the entities that make up the Developer, either <br />individually or collectively, provided, however, that this Agreement may only be amended in a <br />writing signed by all parties hereto and Mr. Harstad shall have no authority to execute such an <br />amendment on behalf of the Developer. <br /> <br />3.07. 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 Developer <br />or by any third person to create any relationship of third-party beneficiary, principal and agent, limited <br />or general partner, or joint venture between the City and the Developer. <br /> <br />3.08. Counterparts. This Agreement may be executed in any number of counterparts, each of which <br />shall constitute one and the same instrument. <br /> <br />3.09. 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 arising <br />out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to <br />this Agreement waive any objection to the jurisdiction of these courts, whether based on <br />convenience or otherwise. <br /> <br />3.10. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its <br />officials, agents, and employees shall not be liable or responsible in any manner to the Developer, the <br />Developer’s successors or assigns, the Developer’s contractors or subcontractors, material suppliers, <br />laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any <br />kind or character arising out of or by reason of the execution of this Agreement or the performance <br />of this Agreement. The Developer, and the Developer’s successors or assigns, agree to protect, defend