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Resolution 9800
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Resolution 9800
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Last modified
1/28/2025 4:55:44 PM
Creation date
8/15/2023 2:19:26 PM
Metadata
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Template:
MV Commission Documents
Commission Name
City Council
Commission Doc Type
Resolutions
MEETINGDATE
8/14/2023
Commission Doc Number (Ord & Res)
9800
Supplemental fields
City Council Document Type
Resolutions
Date
8/14/2023
Resolution/Ordinance Number
9800
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6. STATUTES OF LIMITATION AND REPOSE. With respect to the Project and the <br />Property, nothing in this Agreement is intended to, nor shall it: (A.) revive any Statutes of <br />Limitation or Repose that have expired, or (B.) extend any Statutes of Limitation or Repose that <br />may not have expired. <br />7. NON -ASSIGNMENT OF CLAIMS. The Parties warrant and represent to each other that <br />there has been no assignment of all or part of any interest in any claim, right, or cause of action that <br />is being resolved and released herein or is in any way related to, the Released Claims. <br />8. ENTIRE AGREEMENT. The Parties understand and agree that this Agreement contains <br />the entire understanding of the Parties. This Agreement supersedes, merges, and replaces all written <br />and oral agreements, express or implied, previously made or contemporaneously existing between the <br />Parties, with respect to the subject matters addressed in the Agreement. Additionally, this Agreement <br />is offered and accepted as final, mutual, and binding upon the Parties, regardless of whether a Party <br />later contends that either too much or too little money and/or consideration was paid or received. <br />Each Party agrees that it has not relied upon any statement, representation, promise, guarantee, or <br />warrantee whatsoever, express or implied, of any other Party (or any officer, agent, partner, <br />employee, representative, or attorney for any other Party) not contained in this Agreement in deciding <br />to and inducing them to execute this Agreement and be bound its terms and conditions. <br />9. CHOICE OF LAW AND FORUM. This Agreement shall constitute a contract made under <br />the laws of the State of Minnesota; and, in all respects is governed by the laws of the State of <br />Minnesota. The language of this Agreement shall be construed as a whole according to its fair <br />meaning. <br />Venue and jurisdiction with respect to any dispute arising out of this Agreement shall be exclusively <br />within the courts of the State of Minnesota. If a dispute arises between the Parties related to this <br />Agreement, the Parties agree to use the following procedures to resolve the dispute: <br />A. Negotiation. A meeting shall be held between representatives of the Parties with <br />decision -making authority regarding the dispute to attempt in good faith to negotiate a <br />resolution of any dispute involving the enforcement or interpretation of this Agreement. <br />Such meeting shall be held within fourteen (14) calendar days of a Party's written request <br />for such a meeting; <br />B. Mediation. If the Parties fail to negotiate a resolution of the dispute, they shall <br />submit the dispute to non -binding Mediation as a condition precedent to Litigation and <br />shall bear equally the costs of the Mediation, which Mediation is to be convened within <br />ninety (90) days of the meeting just noted in (A.) above; and <br />C. Litigation. If the Parties fail to resolve the dispute through Mediation, then a Party <br />may elect to file Litigation. <br />5 <br />
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