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6. Severabilit¥. In case any one or more provisions contained in this Agreement shall <br />for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be <br />construed as if such invalid, illegal or unenforceable provision had never been contained herein. <br /> <br /> 7. Further Assurances. Assignor and Assignee agree to do such further acts and things, <br />and to execute and deliver such additional conveyances, assignments, agreements and instruments, <br />as the City may at any time request in colmection with the administration or enforcement of this <br />Assigtm~ent or in order better to assure and confirm unto the City its fights, powers and remedies <br />hereunder. <br /> <br /> 8. Counterparts. This Assigmnent may be executed in any number of counterparts and <br />by different parties hereto in separate counterparts, each of which, when so executed and delivered, <br />shall be deemed an original, but all of which countelparts together shall constitute but one <br />Agl'eement. <br /> <br /> 9. No Novation. This Assignment shall not constitute a novation as to any agreements <br />assumed hereby. <br /> <br /> 10. Estoppel. The Assignor confirms, represents and wait'ants that the Assignor is not in <br />default under the Development Agreement and that the Development Agreement is in full force and <br />effect and has not been modified, altered, or amended except as set forth in the above-referenced <br />amendments. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have executed this Assignment and <br />Assumption Agreement by their duly authorized officers as of the date first above wfitien. <br /> <br />ASSIGNOR <br /> <br />H & P DEVELOPMENT L.L.C <br />a Minnesota Limited Liability Company <br /> <br />By: <br /> <br />Name: Mark A. Peck <br />Its: Chief Manager <br /> <br />STATE OF MINNESOTA ) <br /> ) SS. <br />COUNTY OF ANOKA ) <br /> <br /> The foregoing instrument was acknowledged by me, a notary public, on the ~day of March, <br />2004, by Mark A. Peck, the Chief Manager of H & P Development L.L.C., a Minnesota Limited Liability <br />Company under the laws of the State of Minnesota, on behalf of the Limited Liability Company. <br /> <br />Notary Public <br /> <br /> <br />