Agenda - Council - 11/25/2003 - Laserfiche WebLink

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f. Nothing contained herein is intended to make, nor shall it ever be construed to make, Seller and Purchaser partners or joint venturers. g. The provisions of this Agreement are severable, and if any provision or part hereof or the application thereof to any person or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provisions or part hereof to other persons or circumstances shall not be affected thereby. h. In the event Seller or Purchaser breaches any of the terms, provisions, covenants, or agreements contained in this Agreement and Seller and Purchaser become involved in litigation with regard to breach hereof, the prevailing party shall be entitled to be paid its reasonable attorneys' fees. i. Purchaser represents and warrants to the City that Purchaser is a Delaware corporation and is in good standing under the laws of the State of Minnesota. Purchaser's board of directors has authorized the individual executing this Agreement on behalf of Purchaser to execute this Agreement on behalf of Purchaser. All capitalized terms used in this Agreement but not defined herein shall have the meanings set forth in the Master Development Agreement. IN WITNESS WHEREOF, Seller, Purchaser and City have executed this Agreement in multiple copies, each of which shall be deemed to be an original, as of the date first above written. SELLER: PURCHASER; RAMSEY TOWN CENTER LLC a Minnesota limited liability company D.R. HORTON, INC.-MINNESOTA a Delaware corporation Telephone: (763) 757-2926 Facsimile: (763) 757-0649 Telephone: (952) 985-7272 Facsimile: (952) 985-7800 By: By: Name: Neil G. Hansen Its: President Date: Date: 2408159v5 7