CCP 10-26-2010 - Laserfiche WebLink

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Attention: Arne M. Cook amecook@comcast.net If to City: City of New Brighton 803 Old Highway NW New Brighton, MN 55112(Delete spacing)Attention: Grant Fernelius and Charles L. FeFevere City Attorney Kennedy & Graven 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402[City's Attorney] All notices shall be deemed given two (2) business days following deposit in the United States mail with respect to a certified or registered letter, one (1) business day following deposit if delivered to an overnight courier guaranteeing next day delivery or on the same day if sent by personal delivery or. Attorneys for each party shall be authorized to give notices for such party. Any party may change its address for the service of notice by giving written notice of such change to the other party, in the manner above specified. 11) Fees. Except for the Consulting Fee and reimbursements payable pursuant to Paragraph 6 hereof, Consultant shall not be entitled to any fees or other compensation for its services under this Agreement. 12) Entire Agreement; Subordination. This Agreement, together with the exhibits hereto, constitutes the entire agreement of the parties with respect to the subject matter herein contained and supersedes any and all prior agreements, oral or written, with respect to the subject matter herein contained. No variation, modification or change shall be binding upon any party hereto unless set forth in a document duly executed by or on behalf of such party. This Agreement shall not constitute an interest in real estate. Consultant and Owner hereby acknowledge that this Agreement is a personal service contract and is not an instrument that runs with the land. Consultant's interest in this Agreement and in the Consulting Fee and any other compensation or amounts due to Consultant under this Agreement shall be subject and subordinate to the lien and terms of any mortgage or other secured loan encumbering all or any of Owner's interest in the Project. In furtherance thereof, Consultant agrees that upon request from any Project lender, Consultant shall deliver to such lender and to Owner such documentation evidencing such subordination as such lender may reasonably require. 13) Choice of Law. This Agreement shall be governed by the laws of the State of Minnesota. In the event either party chooses to initiate legal proceedings regarding this Agreement, venue shall be in the District Court of the City of Minneapolis, Minnesota.