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11.23.2022 <br />commencement of construction to begin by August 1, 2023, and completion of construction to <br />occur by April 30, 2025. <br />10. Severability. <br />If any portion of this Agreement is held invalid by a court of competent jurisdiction, such <br />decision shall not affect the validity of any remaining portion of the Agreement. <br />11. Breach; Waiver. <br />In the event any covenant contained in this Agreement should be breached by one party and <br />subsequently waived by another party, such waiver shall be limited to the particular breach so waived <br />and shall not be deemed to waive any other concurrent, previous, or subsequent breach. <br />12. Notice. <br />Notice or demand or other communication between or among the parties shall be <br />sufficiently given if sent by mail, postage prepaid, return receipt requested or delivered personally: <br />(a) As to EDA: <br />Mounds View Economic Development Authority <br />2401 Mounds View Boulevard <br />Mounds View, MN 55112 <br />Attn: Executive Director <br />(b) As to Developer: Reuter Walton Development, LLC <br />4450 Excelsior Boulevard, #400 <br />St. Louis Park, MN 55416 <br />Attn: Nick Walton, Manager <br />13. Counterparts. <br />This Agreement may be executed simultaneously in any number of counterparts, all of <br />which shall constitute one and the same instrument. <br />14. Governing Law. <br />This Agreement shall be governed by and construed in accordance with the laws of the <br />state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be <br />heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any <br />objection to the jurisdiction of these courts, whether based on convenience or otherwise. <br />6 <br />MU205\59\835592.v10 <br />