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Nothing in this Agreement shall limit the discretion of the county assessor or any <br />other public official or body having the duty to determine the Market Value of the <br />Combined Property for ad valorem tax purposes to assign to the Combined <br />Property a Market Value in excess of the Minimum Market Value specified in this <br />Agreement. <br />3. Neither the preambles nor the provisions of this agreement are intended to modify <br />nor shall they be construed as modif inQ. the terms of the Agreement. <br />4. This agreement shall remain in effect and inure to the benefit and be binding upon <br />the successors and assigns of the parties through the Maturity Date as described in <br />the Agreement. <br />5. As provided in M.S. § 469.177, Subdivision 8, nothing contained herein shall be <br />deemed to limit the right or opportunity of the Developer to challenge, through <br />any legal means, that part of any valuation on the market value of the Combined <br />Property, which is in excess of the stipulated Minimum Market Value contained <br />in this agreement, provided, however, that the Developer will not institute or <br />prosecute any challenge to the excess which, if successful, would also result in a <br />reduction of the assessment below the Minimum Market Value. <br />6. Capitalized terms not otherwise defined herein have the meanings given them in <br />the Agreement. <br />CITY OF RAMSEY, MINNESOTA O'CULLINAN PROPERTIES, LLC <br />Bv: <br />Its: Mayor <br />Admi istrator <br />Its: Chief Manager <br />34 <br />