Agenda - Council - 05/25/2004 - Laserfiche WebLink

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6. Severability. h~ case any one or more provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, il legality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 7. Further Assurances. Assignor and Assignee agree to do such further acts and things, and to execute and deliver such additional conveyances, assignments, agreements and instruments, as the City may at any time request in connection with the administration or enforcement of this Assignment or in order better to assure and confirm unto the City its rights, powers and remedies hereunder. 8. Counterparts. This Assignment may be executed in any number of counterparts and by di t~ferent parties hereto in separate counterparts, each of which, when so executed and delivered, shall be deemed an original, but all of which counterparts together shall constitute but one Agreement. 9, No Novation. This Assignment shall not constitute a novation as to any agreements assumed hereby. 10. Estgppel. The Assignor confirms, represents and warrants that the Assignor is not in default under the Development Agreement and that the Development Agreement is in full force and effect and has not been modified, altered, or amended except as set forth in the above-referenced amendments. IN WITNESS WHEREOF, the parties hereto have executed this Assigmnent and Assumption Agreement by their duly authorized officers as of the date first above written. ASSIGNOR RUM RIVER DENTAL CREATIONS, LLC, a Minnesota limited liability company By: Name: Walter R. Rickard Its: President By: Name: Waw~e A. Miller Its: Secretary