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8. Miscellaneous. 8.1 Binding Effect. The Parking Easement and the Access Easement shall run with title to the RPC Property, and this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns. 8.2 No Rights in Public, No Implied Easements. Nothing in this Agreement may be construed as creating any rights in the general public or as dedicating for public use any portion of any of the HRA Property, including without limitation the Existing Improvements, Access Easement and the Parking Easement. 8.3 Remedies and Enforcement. In the event of a breach of any term of this Agreement, the non -breaching party shall have the right to exercise any and all remedies afforded under law and at equity. 8.4 Amendment. Except as described in Sections 2 and 3, this Agreement may be modified or amended, in whole or in part, only by the written consent of the parties hereto, evidenced by a document that has been fully executed and acknowledged by the duly authorized representatives of each party hereto. 8.5 No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 8.6 Severability. If any covenant, condition, provision, or term of this Agreement is, to any extent, held invalid or unenforceable, the remaining portion thereof and all other covenants, conditions, provisions, terms of this Agreement, will not be affected by such holding, and will remain valid and in force to the fullest extent permitted by law. 8.7 Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are merged into and superseded by this Agreement. 8.8 Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. 8.9 Authority. The parties and each individual signing this Agreement on behalf of the parties, represent and warrant that they are duly authorized to sign on behalf of and to bind such party and that this Agreement is a duly authorized, binding and enforceable obligation of such party. 8.10 Recordin. Either party may record this Agreement at its sole cost and expense. 8.11 Counterpart. Each party may execute a separate copy of this Agreement. This Agreement will be enforceable when each party has executed and acknowledged a copy of 5 4012615v9