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12 <br />1951267.v8 <br />The address of record for real property tax assessment <br />notices with respect to the Shopping Center. <br />If to City:City of Saint Anthony Village <br />Attention City Manager <br />City Hall <br />3301 Silver Lake Blvd. <br />St. Anthony, MN 55418 <br />charlie.yunker@savmn.com <br />Copy to:Dorsey & Whitney LLP <br />50 South Sixth Street, Suite 1500 <br />Minneapolis, MN 55402 <br />Attn: Jay R. Lindgren <br />Lindgren.jay@dorsey.com <br />Upon at least ten (10) days’ prior written notice, each Party shall have the right to change its address to <br />any other address within the United States of America. Any Party’s respective counsel is hereby <br />authorized to deliver any notice, pursuant to this Agreement, on behalf of that Party so represented by <br />such counsel. <br />13.Binding Effect. The terms of this Agreement and all easements granted hereunder shall <br />constitute covenants running with the land and shall bind the real estate described herein and inure to the <br />benefit of and be binding upon the signatories hereto and their respective successors and assigns who <br />become Parties hereunder. Except with respect to the Original Agreement, this Agreement is not intended <br />to supersede, modify, amend, or otherwise change the provisions of any prior instrument affecting the <br />Easement Premises. <br />14.Exhibits. All Exhibits referred to in, and attached to, this Agreement upon execution are <br />incorporated in and form a part of this Agreement as if fully set forth herein. <br />15.Construction and Interpretation. This Agreement amends, restates, and replaces the <br />Original Agreement in its entirety, and the Original Agreement is hereby terminated, null and void. This <br />Agreement and the exhibits hereto contain all the representations and the entire agreement between the <br />Parties with respect to the subject matter hereof. Any prior negotiations, correspondence, memoranda or <br />agreements are superseded in total by this Agreement and exhibits hereto, and, based on the foregoing, <br />the provisions of this Agreement and the exhibits hereto shall be construed as a whole according to their <br />common meaning and not strictly for or against any Party. The captions preceding the text of each article <br />and section are included only for convenience of reference. Captions shall be disregarded in the <br />construction and interpretation on of this Agreement. Capitalized terms shall have the meaning set forth <br />herein and not any other meaning that might otherwise be attached to such term in a context outside of <br />this Agreement. Invalidation of any of the provisions contained in this Agreement, or of the application <br />thereof to any person by judgment or court order shall in no way affect any of the other provisions hereof <br />or the application thereof to any other person and the same shall remain in full force and effect. <br />16.Amendment. No provision of this Agreement may be amended or modified except by an <br />agreement in writing signed by the Parties or their respective successors in interest; provided, however, <br />that (a) the City and Salo Park Owner may amend or modify this Agreement for matters affecting only the <br />Salo Park Property and (b) the City and Apache Park Owner may amend or modify this Agreement for <br />matters affecting only the Apache Park Property.