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cure such breach, default or nonperformance within thirty (30) days after written notice of such
<br />default by any other Owner (or such shorter cure period as may be provided in this Declaration),
<br />then such breach, default or nonperformance shall constitute an Event of Default hereunder, In
<br />addition to any other remedies set forth in this Agreement, an Event of Default under this
<br />Agreement may be enforced by either Owner by legal or equitable action (including specific
<br />performance) in the courts of Anoka County, Minnesota. In the event an action is commenced, the
<br />prevailing party (as determined by the Court) shall be entitled to recover costs and expenses
<br />incurred in such action including reasonable attorneys fees (as determined by the Court), from the
<br />non -prevailing party.
<br />8. Impositions. Each Owner covenants and agrees to pay or make arrangements to have payment
<br />made, prior to delinquency, all real estate taxes, assessments, and other governmental charges
<br />assessed upon such Owner's Parcel or otherwise related to the ownership of such Parcel, which
<br />may be due and payable as a lien upon such Parcel or any part thereof; provided that nothing herein
<br />shall prevent any Owner from appealing or challenging any such lien or the amount thereof in
<br />accordance with all laws.
<br />9. No Contribution. Except as otherwise expressly set forth in this Agreement, no Owner shall have
<br />the right to seek contribution from another Owner for any costs incurred by such first Owner in
<br />connection with this Agreement, except as provided in Section 5.
<br />10. Authority. Each of the persons executing this Agreement on behalf of Parcel A Owner and Parcel
<br />B Owner represents and certifies that: (a) he or she is empowered and authorized by all necessary
<br />action of Parcel A Owner and Parcel B Owner, respectively, to execute and deliver this Agreement;
<br />(b) he or she has full capacity, power, and authority to enter into and carry out this Agreement; and
<br />(c) the execution, delivery, and performance of this Agreement have been authorized by, and this
<br />Agreement is the legal, valid, and binding obligation of Parcel A Owner and Parcel B Owner,
<br />respectively.
<br />11. Easements to Run with Land. The easements and the rights and obligations herein contained shall
<br />attach to, bind and nun with the land and shall inure to the benefit of and be binding upon the
<br />undersigned and subsequent owners of Parcel A and Parcel B, and as they may provide, their
<br />respective agents, employees, tenants, licensees and invitees, but nothing herein contained shall be
<br />deemed to create any easement rights in the public, or for the benefit of any property other than
<br />Parcel A and Parcel B.
<br />12. Notice. To be effective, any notice, consent, or other communication required or permitted under
<br />this Agreement must be in writing. A notice or other communication shall be deemed to have been
<br />given to an Owner, and shall be effective, (i) if delivered by hand, when physically received by an
<br />officer of such Owner, or other person authorized by the party to receive notice, or upon refusal to
<br />accept delivery, or (ii) if delivered by an overnight delivery service or by mail, on the date such
<br />notice or other communication is deposited with the overnight delivery service or deposited in the
<br />U.S. mail postage prepaid addressed to the other party, to the last known address for the then -
<br />current Owner of the Parcel.
<br />13. Counterparts. This Agreement may be executed in any number of counterparts, each of which
<br />when so executed, shall be deemed to be an original, and all of which counterparts of this
<br />Agreement, taken together, shall constitute but one and the same instrument.
<br />14. Construction. This Agreement shall be constructed under the laws of the State of Minnesota.
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