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<br />Page 4 <br /> <br />14. Government Immunity. Nothing contained herein shall be deemed a waiver by <br />the City of any governmental immunity defenses, statutory or otherwise. Further, any and all <br />claims brought by the User, its successors or assigns, shall be subject to any governmental <br />immunity defenses of the City under common law and the maximum liability limits provided in <br />Minnesota Statutes, Chapter 466. <br />15. No Third-Party Beneficiaries. Third parties shall have no recourse against the <br />City or the User under this Agreement. The covenants and conditions of this Agreement are <br />intended for the benefit of the parties hereto and are not intended to create any third-party <br />beneficiaries. <br />16. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase <br />of this Agreement is for any reason held to be invalid, such decision shall not affect the validity <br />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 amendment must <br />be in writing. <br />18. Governing Law. This Agreement shall be governed by and construed in <br />accordance 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 in person <br />or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt <br />requested, with postage prepaid, addressed as follows: <br />If to User: Hugo Senior Housing, LLC <br />3965 Airport Drive <br />Indianapolis, IN 46254 <br />Attn: Brenda Armstrong, General Counsel <br /> <br />If to City: City of Hugo <br />Attn: City Clerk <br />14669 Fitzgerald Avenue North <br />Hugo, MN 55038 <br /> <br />or to such other address as the party addressed shall have previously designated by notice given <br />in accordance with this section. Notices shall be deemed to have been duly given on the date of <br />service if served personally on the party to whom notice is to be given, or on the third day after <br />mailing if mailed as provided above. <br />20. Successors and Assigns. The terms and conditions of this Agreement shall run <br />with the Property. All duties and obligations of the User under this Agreement shall also be duties <br />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 <br />the Irrigation System as required herein, the User shall correct the deficiency within thirty (30) <br />days after the City gives written notice to the User specifying the deficiency, or as soon as <br />reasonably possible otherwise (except in case of emergency that threatens damage to persons, <br />property or the environment in which case repair shall be immediate). If the User fails to timely