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04-26-2021 EDA
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04-26-2021 EDA
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4/23/2021 9:56:05 AM
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4/23/2021 9:55:41 AM
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MV EDA
EDA Document Type
Packets
Date
4/26/2021
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19 <br />DOCSOPEN\MU205\50\716385.v4-4/22/21 <br />(a) in the case of the EDA: Mounds View EDA <br />2401 Mounds View Boulevard <br />Mounds View, MN 55112 <br />Attn: EDA Executive Director <br /> <br />w/ a copy to: Kennedy & Graven, Chartered <br /> 150 South 5th Street, Suite 700 <br /> Minneapolis, MN 55402 <br /> Attn: Scott J. Riggs <br /> <br /> (b) in the case of the Developer: BIOCLEAN MOBILE WASH INC. <br />2151 Mustang Drive <br />Mounds View, MN 55112 <br /> Attn: Gregory Kelley <br /> <br />w/ a copy to: _______________________ <br /> _______________________ <br /> _______________________ <br /> _______________________ <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 9.5. <br /> <br /> Section 9.6. Counterparts. This Agreement may be executed in any number of counterparts, <br />each of which shall constitute one and the same instrument. <br /> <br /> Section 9.7. Disclaimer of Relationships. The Developer acknowledges that nothing <br />contained in this Agreement nor any act by the EDA or the Developer shall be deemed or construed <br />by the 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 EDA and the Developer. <br /> <br />Section 9.8. Release of Claims. The Developer and the Developer’s attorneys, agents, <br />employees, former employees, insurers, heirs, administrators, representatives, successors and assigns, <br />hereby releases and forever discharges the EDA, and its attorneys, agents, representatives, employees, <br />former employees, insurers, heirs, executors and assigns of and from any and all past, present or future <br />claims, demands, obligations, actions or causes of action, at law or in equity, whether arising by <br />statute, common law or otherwise, and for all claims for damages, of whatever kind or nature, and for <br />all claims for attorneys' fees, and costs and expenses, including but not limited to all claims of any <br />kind arising out of the negotiation, Developer consideration, execution and performance of this <br />Agreement between the parties. Nothing contained in this Section 9.8 is intended to prevent the <br />exercise of any rights available pursuant to this Agreement. <br /> <br /> Section 9.9. Modifications and Waivers. No purported amendment, modification or <br />waiver of any provision of this Agreement shall be binding unless set forth in a written document <br />signed by both the EDA and the Developer (in the case of amendments or modifications) or by the <br />party to be charged thereby (in the case of waivers). Any waiver shall be limited to the
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