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27. Amendment, Modification and Waiver. No amendment, modification, or waiver <br />of any condition, provision, or term shall be valid or of any effect unless made in writing, signed <br />by the party or parties to be bound or a duly authorized representative, and specifying with <br />particularity the extent and nature of such amendment, modification, or waiver. Any waiver by <br />any party of any default of another party shall not affect or impair any right arising from any <br />subsequent default. <br />28. Ca )tions. Headings or Titles. All captions, headings, or titles in the paragraphs or <br />section of this Restated Agreement are inserted for convenience of reference only and shall not <br />constitute a part of this Restated Agreement as a limitation of the scope of the particular <br />paragraphs or sections to which they apply. <br />29. Reference to Gender. Where appropriate, the feminine gender may be read as the <br />masculine gender or the neuter gender, the masculine gender may be read as the feminine gender <br />or the neuter gender, and the neuter gender may be read as the masculine gender or the feminine <br />gender. <br />30. Recording of Agreement. Buyer and Seller agree to execute and record a <br />memorandum of this Agreement, or to record this Agreement, in the office of the Washington <br />County Recorder or Registrar of Titles. <br />31. Minnesota Law. This Restated Agreement shall be construed and enforced in <br />accordance with the laws of the State of Minnesota. Any litigation shall be exclusively venued <br />in the Washington County District Court, Stillwater, Minnesota. <br />32. Breach Not Severable: A failure to comply with any condition herein including <br />failure to satisfy any condition required as to any foregoing listed phase shall preclude exercise <br />of any option to acquire or develop any subsequent phase. <br />33. Assignment. Neither party may assign its interest hereunder, provided, however, <br />that the City may assign its interests to its Economic Development Agency. <br />34. Entire Agreement. This Agreement constitutes the entire agreement by and <br />between the parties and incorporates all terms and conditions of the agreement between the <br />parties as they related to the Real Property. This Agreement supersedes all prior Agreements <br />between the parties. <br />IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and <br />effective the day and year first set forth above. <br />[SIGNATURES ON FOLLOWING PAGES] <br />10 <br />