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If to HRA: <br />With copies to: <br />Telephone No.: (317) 231 -7200 <br />Facsimile No.: (317) 231 -7433 <br />Email: stephen.lee @BTLaw.com <br />City of Ramsey, Minnesota <br />Ramsey Municipal Center <br />7550 Sunwood Drive <br />Ramsey, MN 55303 <br />Attn: City Administrator <br />Telephone No.: (763) 427 -1410 <br />Facsimile No.: (763) 433 -9888 <br />Email: kulrich @ci.ramsey.mn.us <br />Briggs and Morgan, P.A. <br />2200 IDS Center <br />80 South Eighth Street <br />Minneapolis, MN 55402 <br />Attn: Tom Bray <br />Email: tbray @briggs.com <br />Facsimile No.: (612) 977 -8650 <br />Section 8.6 No Waivers. No failure or delay on the part of the HRA in <br />exercising any right, power or privilege hereunder and no course of dealing between the <br />Developer and the HRA shall operate as a waiver thereof; nor shall any single or partial exercise <br />of any right, power or privilege hereunder preclude any other or further exercise thereof or the <br />exercise of any other right, power or privilege. <br />Section 8.7 Amendment and Waiver. Neither this Loan Agreement nor any <br />provision hereof may be modified, waived, discharged or terminated orally, but only by an <br />instrument in writing signed by the party against whom enforcement of the change, waiver, <br />discharge or termination is sought. In the event any agreement contained in this Loan <br />Agreement should be breached by any party and thereafter waived by any other party, such <br />waiver shall be limited to the particular breach so waived and shall not be deemed to waive any <br />other concurrent, previous or subsequent breach hereunder. <br />Section 8.8 Counterparts. This Loan Agreement may be executed in any <br />number of counterparts, all of which taken together shall constitute one and the same instrument, <br />and either of the parties may execute this Loan Agreement by signing any such counterparts. <br />Section 8.9 Superseding Effect. This Loan Agreement, the Loan Documents, <br />the Development Agreement, and the Purchase Agreement constitute the entire agreement <br />between the HRA and Developer with respect to the matters addressed in those agreements and <br />documents, and those agreements and documents supersede and replace any prior agreements, <br />either oral or written, with respect to those matters. <br />Section 8.10 Indemnification. The Developer hereby agrees to defend, protect, <br />indemnify and hold harmless HRA and its affiliates and the directors, officers, employees of the <br />2695614v12 <br />A -16 <br />