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Page 4 <br /> <br />16. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of <br />this Agreement is for any reason held to be invalid, such decision shall not affect the <br />validity of the remaining portion of this Agreement. <br />17. Amendment. The parties hereto may by mutual written agreement amend this <br />Agreement in any respect. Any agreement on the part of any party for any such <br />amendment must be in writing. <br />18. Governing Law. This Agreement shall be governed by and construed in accordance <br />with the law of Minnesota. <br />19. Notice. Any notice required to be given under this Agreement shall be sufficiently <br />given by one party to the other if in writing and if and when delivered or tendered either <br />in person or by depositing it in the United States mail in a sealed envelope, by certified <br />mail, return receipt requested, with postage prepaid, addressed as follows: <br />a) If to User: Hugo Gardens Apartments, LLC <br />Attn: Calvin M. Akin <br />Premier Hugo MN, LLC_& AFLP Hugo MN, LLC <br />b) If to City: City of Hugo <br />Attn: City Clerk <br />14669 Fitzgerald Avenue North <br />Hugo, MN 55038 <br />or to such other address as the party addressed shall have previously designated by <br />notice given in accordance with this section. Notices shall be deemed to have been duly <br />given on the date of service if served personally on the party to whom notice is to be <br />given, or on the third day after mailing if mailed as provided above. <br />20. Successors and Assigns. The terms and conditions of this Agreement shall run with the <br />property. All duties and obligations of the User under this Agreement shall also be <br />duties and obligations of the User’s successors and assigns. <br />21. Default. In the event the User fails or refuses to maintain, repair and/or operate the <br />Irrigation System as required herein, the User shall correct the deficiency within thirty <br />(30) days after the City gives written notice to the User specifying the deficiency, or as <br />soon as reasonably possible otherwise (except in case of emergency that threatens <br />damage to persons, property or the environment in which case repair shall be <br />immediate). If the User fails to timely correct the deficiency, then the City may, with <br />ten (10) days written notice (or no notice in case of emergency) and without regard to <br />the formalities of Minnesota Statues, Chapter 429, perform such work to maintain, <br />repair, and/or operate the Irrigation System and assess the User and the properties <br />within it for the cost of such work. <br />22. Extension. Except to the extent otherwise provided in this Agreement following the <br />initial twenty-five (25) year term, this Agreement will be automatically extended for <br />successive one-year periods (subject to termination as set forth herein), on the same <br />terms and conditions as in effect immediately prior to the then-current expiration date,