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As to the City City of Saint Anthony <br /> 3301 Silver Lake Road <br /> Saint Anthony, MN 55418 <br /> ATTN: City Manager <br />As to the District Rice Creek Watershed District <br /> 4325 Pheasant Ridge Dr. NE #611 <br /> Blaine, MN 55449-4539 <br /> ATTN: Administrator <br />or at such other address as either party may, from time to time, notify the other in <br />writing in accordance with this paragraph. <br />20. Severability. In the event that any provision of this Agreement is held to be invalid, <br />illegal or unenforceable by any court of competent jurisdiction, such holding shall <br />pertain only to such section and shall not invalidate or render unenforceable any other <br />provision of this Agreement. <br />21. Nonwaiver. If either party waives any default or non-performance by the other party in <br />writing, such waiver shall be deemed to apply only to such event and shall not waive any <br />other prior or subsequent default. <br />22. Preamble and Recitals. The preamble and recitals set forth on pages one and two of this <br />Agreement are incorporated into and made a part of this Agreement. <br />23. Paragraph and Section Headings. The paragraph and section headings used in this <br />Agreement have no legal significance and are used solely for convenience of reference. <br />24. Entire Agreement. This Agreement and Exhibit attached hereto, evidence the entire <br />agreement between the parties relating to the subject matter addressed herein and <br />supersedes all other prior agreements and understandings, written or oral, between the <br />parties. <br />25. Amendment. Any alterations, variations, modifications, or waivers of provisions of this <br />Agreement shall only be valid when they have been reduced to writing as an <br />amendment to this Agreement signed by the parties hereto or their successors. <br />26. Limitations. This Agreement is not intended to and shall not create rights of any <br />character whatsoever in favor of any person, corporation, association or entity other <br />than the parties to this Agreement and their successors and assigns, and the obligations <br />herein assumed are solely for the use and benefit of the parties to this Agreement and <br />their successors and assigns. <br />27. Non-Assignment. The parties hereto agree that neither party shall assign, sublet, <br />transfer or pledge this Agreement and/or the services to be performed hereunder, <br />whether in whole or in part, without the prior written consent of the non-assigning <br />party. <br />1919