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(e)any other of Developer’s acts or omissions in the development and/or <br />construction of the Project. <br />The foregoing indemnity shall not apply to the extent Developer proves that any such damages <br />were solely caused by negligent or intentional acts or omissions of the City, its officers, employees, and <br />agents. <br />14.Attorneys’ Fees. Developer shall pay the City for any costs incurred in the enforcement <br />of this Agreement, including engineering and attorneys’ fees. <br />15.Notices. Required notices to Developer shall be in writing and shall either be hand <br />delivered to Developer, its employees or agents, or mailed to Developer by certified or registered mail at <br />the following address: <br />Lowry Retail LLC <br />c/o Interstate Development Corporation <br />6390 Carlson Drive <br />Eden Prairie, MN 55346 <br />Attention: Lonnie Provencher <br />With a copy to: <br />Messerli & Kramer P.A. <br />100 South Fifth Street, Suite 1400 <br />Minneapolis, Minnesota 55402 <br />Attention: Anthony L. Barthel <br />Notices to the City shall be in writing and shall either by hand delivered to the City Manager, or <br />mailed by certified or registered mail, in care of the City Manager at the following address: <br />Saint Anthony Village <br />3301 Silver Lake Road <br />St. Anthony, Minnesota 55418 <br />With a copy to: <br />Dorsey & Whitney LLP <br />Suite 1500, 50 South Sixth Street <br />Minneapolis, Minnesota 55402 <br />Attention: Jay R. Lindgren <br />16.Assignment. Prior to the issuance of the Certificate of Completion, Developer may not <br />assign this Agreement without the written permission of the City Council, which permission shall not be <br />unreasonably withheld or conditioned. <br />17.Binding Effect. The terms and provisions hereof shall be binding upon and inure to the <br />benefit of the successors and assigns of the parties hereto and shall be binding upon all future owners of <br />all or any part of the Property or the Project and shall be deemed covenants running with the land. <br />18.No Waiver. The action or inaction of the City shall not constitute a waiver or amendment <br />to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by <br />the parties and approved by written resolution of the City Council. The City’s failure to promptly take <br />legal action to enforce this Agreement shall not be a waiver or release.5 <br />2483258.v2 <br />4887-6170-0872\3