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k. No Agency. Nothing herein shall be construed in such a manner so as to <br />constitute one party to be an agent or representative of the other and <br />neither shall hold itself out as such. <br />1. No Actions on Behalf of Other. Neither party shall make any warranty <br />or representation, or incur any obligation, liability or indebtedness on <br />behalf of the other. <br />m. Waiting Required. No amendment, modification or waiver of any <br />condition, provision or term of this Agreement shall be valid or of any <br />effect unless made in writing, signed by the party or parties to be bound or <br />its duly authorized representative and specifying with particularity the <br />extent and nature of such amendment, modification or waiver. Any waiver <br />by any party of any default of another party shall not affect or impair any <br />right arising from any subsequent default. <br />n. Exhibits. Incorporated into this Agreement by reference, as described <br />above, are: <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Exhibit D <br />Exhibit E <br />Exhibit F <br />Exhibit G <br />Exhibit H <br />Legal Description <br />Agreement and Declaration of Easements, Covenants and <br />Restrictitions for COR Two <br />A special service district "SSD" established by the City of <br />Ramsey pursuant to Minn. Stat. Chapter 428 (A) <br />Existing Encumbrances <br />COR Plat; <br />Use restriction -Quick Service Restaurant with Beef or <br />Chicken Benefiting Lot 4 <br />Sunwood Construction Improvements; <br />Platting Fees <br />Dated: , 2012 <br />BUYER: <br />M & W HOLDING COMPANY, LLC <br />By: <br />Its: Chief Manager <br />SELLER: <br />RAMSEY HOUSING AND <br />REDEVELOPMENT AUTHORITY <br />Dated: , 2012 By: <br />16 <br />