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stormwater management rules. Notwithstanding the foregoing, the HOA has no obligation to <br />create any such excess credits or to operate the Distribution System in any manner other <br />than in accordance with the requirements of this Agreement. <br />11. Default. In the event the HOA fails or refuses to maintain, repair and/or operate the <br />Irrigation System as required herein, the HOA shall correct the deficiency within thirty <br />(30) days after the City gives written notice to the HOA specifying the deficiency, or as <br />soon as reasonably possible otherwise. If the HOA fails to timely correct the deficiency, <br />then the City may, with ten (10) days written notice and without regard to the formalities of <br />Minnesota Statutes Chapter 429, perform such work to maintain, repair, and/or operate the <br />irrigation and Distribution System and assess the HOA and the properties within it for the <br />cost of such work or bring other correction or remedies actions. <br />12. Extension. Except to the extent otherwise provided inthis Agreement following the initial <br />twenty -five-year term, this Agreement will be automatically extended for successive one- <br />year periods (subject to the "Termination" section below), on the same terms and <br />conditions as in effect immediately prior to the then -current expiration date, unless either <br />party gives the other notice of non -extension at least three months before the then -current <br />expiration date. <br />13. Termination. If either party materially breaches any provision of this agreement and if such <br />breach is not cured within thirty (30) days after receiving written notice thereof, the non - <br />breaching party shall have the right to terminate this agreement thereafter, upon written <br />notice. Notwithstanding any termination, any outstanding water supply fee shall be paid. <br />14. Miscellaneous. This Agreement contains the entire agreement between the City and the <br />HOA regarding the subject matter hereof. This Agreement may be signed in any number of <br />counterparts, each of which shall be considered an original, but which together shall constitute <br />one and the same instrument. This Agreement may be amended only by a written <br />instrument signed by the parties hereto. This Agreement shall run with the land. <br />15. Authorization. The parties represent and warrant that the undersigned are duly authorized <br />to execute this Agreement and to bind the respective parties to the terms of this <br />Agreement. <br />[Signature and Acknowledgement P age Follows.] <br />Page 4 <br />