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DRAFT 4.5.2022
<br />e. 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
<br />consequent upon a breach thereof, shall constitute a waiver of any such breach of
<br />any other covenant, agreement, term, or condition, nor does it imply that such
<br />covenant, agreement, term or condition may be waived again. The action or
<br />inaction of the Authority shall not constitute a waiver or amendment to the
<br />provisions of this Agreement. To be binding, amendments or waivers shall be in
<br />writing and signed by the parties. The Authority's failure to promptly take legal
<br />action to enforce this Agreement shall not be a waiver or release.
<br />f. Each right, power or remedy herein conferred upon the Authority is cumulative and
<br />in addition to every other right, power or remedy, express or implied, now or
<br />hereafter arising, available to the Authority, at law or in equity, or under any other
<br />agreement, and each and every right, power and remedy herein set forth or
<br />otherwise so exciting may be exercised from time to time as often and in such order
<br />as may be deemed expedient by the Authority and shall not be a waiver of the right
<br />to exercise at any time thereafter any other right, power or remedy.
<br />g. This Agreement, together with the exhibits hereto, which are incorporated by
<br />reference, constitutes the complete and exclusive statement of all mutual
<br />understandings between the parties with respect to this Agreement, superseding all
<br />prior or contemporaneous proposals, communications, and understandings, whether
<br />oral or written, pertaining to the subject matter of this Agreement.
<br />h. Data provided to the Developer or received from the Developer under this
<br />Agreement shall be administered in accordance with the Minnesota Government
<br />Data Practices Act, Minnesota Statutes, Chapter 13.
<br />28. Equal Employment OpportunitX. The Developer, for itself and its successors and assigns,
<br />agrees that during the construction of the Minimum Improvements provided for in this
<br />Agreement, it will comply with all applicable equal employment and nondiscrimination laws
<br />and regulations.
<br />29. Restrictions on Use. The Developer, for itself and its successors and assigns, agrees to devote
<br />the Property and Minimum Improvements only to such land use or uses as may be permissible
<br />under the City's land use regulations. The Developer, for itself, its successors and assigns,
<br />acknowledges the limitations on use of the Property and the Minimum Improvements
<br />imposed by Section 469.105 of the EDA Act and agrees to comply with such restrictions.
<br />30. Release of Claims. The Developer and the Developer's attorneys, agents, employees, former
<br />employees, insurers, heirs, administrators, representatives, successors and assigns, hereby
<br />releases and forever discharges the EDA, and its attorneys, agents, representatives,
<br />employees, former employees, insurers, heirs, executors and assigns of and from any and all
<br />past, present or future claims, demands, obligations, actions or causes of action, at law or in
<br />equity, whether arising by statute, common law or otherwise, and for all claims for damages,
<br />of whatever kind or nature, and for all claims for attorneys' fees, and costs and expenses,
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