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9. Notices. Any notice to be given by a party to this Agreement shall be <br />personally delivered or be sent by registered or certified mail, or by a nationally recognized <br />overnight courier that issues a receipt to the other parties in this Section (or to such other <br />address as may be designated by notice to the other parties), and shall be deemed given <br />upon the earlier of personal delivery, the date postmarked, delivery to such courier or the <br />refusal to accept such service: <br />EasementAgreement3 <br />If to Holiday: <br />If to Top Ten: <br />Holiday Stationstores, Inc. <br />4567 American West Boulevard <br />Minneapolis, MN 55437 <br />Attn: Real Estate Department <br />Top Ten, LLC <br />22400 Meadowvale Road <br />Eden Prairie, Minnesota 55330 <br />Attention: General Manager <br />10. Warranties of Title. Each party warrants to the other party that (a) the <br />warranting party has good and indefeasible fee simple title to its respective Property; (b) <br />the warranting party has the full right and lawful authority to grant the respective <br />easements described in this Agreement; (c) the warranting party will defend and indemnify <br />the other party against all lawful claims; and (d) the other party shall and may peaceably <br />have, hold and enjoy the easements described in this Agreement. <br />11. The Running of Benefits and Burdens. All provisions of this Agreement, <br />including the benefits and burdens, run with the land and are binding upon and shall inure <br />to the benefit of the assigns, licensees, invitees, successors, tenants and employees of the <br />parties to this Agreement. <br />12 Default. If either Owner fails to perform, fulfill or observe any agreement <br />contained in this Agreement to be performed, fulfilled or observed by it (the "Responsible <br />Party "), which failure shall continue for thirty (30) days, the other Owner may, at its election, <br />cure such failure or breach on behalf of the Responsible Party (the "Curing Party "). The <br />thirty (30) day cure period shall not apply (a) in the case of an emergency in which event an <br />immediate cure shall be required; and (b) where a default is not susceptible of cure within <br />thirty (30) days and the Responsible Party commences the performance, fulfillment or <br />observance within the thirty (30) day period and diligently prosecutes the same thereafter. <br />Any amount expended by the Curing Party for such purpose, or which shall otherwise be <br />due by either Owner to the other pursuant to this Agreement, shall be paid to the Owner to <br />whom due on demand, without contest, upon delivery of its invoice, together with interest at <br />the lower of (i) the rate of twelve percent (12 %) per annum; or (ii) the maximum rate <br />permissible from time to time under applicable law, from the date of the expenditure or the <br />date when it shall become due to the date of payment in full. Nothing set forth in this <br />Section shall deny (1) the Owner to whom the amount is owed from a right to a lien against <br />the title to the Property of the Owner failing to pay; or (2) either Owner the right to <br />3 <br />