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Robert Muir Com~anv <br />Centennial Lakes IV <br />7650 Edinboro>~h Wav Suite 375 <br />Edina. MN 55435 <br />Attention: President <br />with a cony to: <br />Paul W. Anderson <br />Messerli & Kramer <br />1800 Fifth Street Tower <br />150 South Fifth Street <br />Minneapolis MN 55402 <br />Notice is deemed iven and is effective on the date two business days after being <br />depos><ted in the mail whether or not the notice is accepted by the named recipient if <br />the notice is mailed and if the notice is delivered by any other means on the date the <br />named reci Tent actually receives the notice Either party- may change its address <br />for notice by providing notice to the other party <br />21.7 Counterparts. The parties may each execute a separate counterpart of <br />this Agreement and subseauently exchange signature pages in which case each party's <br />original combined with the signature page it receives from the other party is deemed an <br />or><gmal. <br />21.8 Waiver. City's or Developer's waiver of any breach of any term of this <br />A reement ma not be im lied and an ex ress waiver of an breach of an term of <br />this Agreement may not be construed as a waiver of any prior or subsequent breach of <br />the same term or any other term <br />21.9 Headings. The headings in this Agreement are for convenience in <br />references and are not intended to define or limit the scope of any provision of this <br />Agreement <br />21.10 No Third Party Recourse or Rights Third parties shall have no recourse <br />or rights under this Agreement against either Citv or Developer <br />21.11 Business Subsidy City's construction of the imnrnvPn,P„tc rh:c <br />Agreement obligates Citv to construct is not a business subsidy within the meanin~of <br />Mmnesota Statutes Section 116J 993 to 116J 995 because the cost of those <br />improvements that is attributable to the Development Property is either reflected in the <br />purchase price Developer is paving City for the Development Property or is being paid <br />b~Developer or assessed against the Development Property Pursuant to this <br />Agreement <br />21.12 Governing Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Minnesota <br />1974417vdoc <br />V2 to V 112/18/06 <br />27 <br />-152- <br />