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7. Licensee understands and agrees: <br /> a. That this agreement does not constitute an agreement not to bring criminal <br /> charges for activities described herein; <br /> b. That a decision whether to bring any charges rests within the discretion of <br /> the City prosecuting attorney, the County attorney, or other authorized law enforcement <br /> agencies; <br /> c. That the Licensee freely enters into this agreement without any promises <br /> from the City that no criminal charges will be brought; <br /> d. That this agreement is entered into for the sole purpose of resolving and <br /> settling any potential civil sanctions imposed pursuant to Minn. Stat. § 340A.415, and not <br /> for the purpose of resolving or settling any potential criminal issues; and <br /> e. That in the event criminal charges are brought against the undersigned, the <br /> Licensee or any of its employees for activities described herein, Licensee will not contest <br /> the validity of this agreement, repudiate, or otherwise challenge this agreement in any <br /> way, by reason of the initiation or prosecution of such criminal proceedings. <br /> By Order of the City Council of the City of New Brighton this l lth day of December, 2012. <br /> Mayor <br /> ATTEST: <br /> City Clerk <br /> CLL-261238v1 3 <br /> NE136-21 <br />