Re: hardcover/easement issues - Laserfiche WebLink

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back requirements, and(c)the improvements on the Fasching Property as of the date of this Agreement comply with City regulations and hardcover ratios. 7. ASSIGNMENT AND BINDING NATURE. This Agreement shall be binding upon and inure to the benefit of Fasching, their successors and assigns,the City and its Permitted Assigns, to have and to hold all and singular the easement herein granted to the City pursuant to the terms and conditions of this Agreement. The Access Easement granted under this Agreement shall be a covenant running with the Fasching Property as a burden upon the Access Easement Area for the benefit of the City and its Permitted Assigns. Any modification of the terms of this Agreement must be in writing signed by the party against whom enforcement of the modification is sought. 8. LIMITATION OF LIABILITY. Notwithstanding any provisions to the contrary contained in this Agreement, no fee owner of the Fasching Property shall be responsible, obligated or liable under this Agreement, except to the extent such responsibility, liability or obligation arises during the period of its actual ownership of the Fasching Property. 9. GOVERNING LAW. This Agreement was executed in Minnesota and shall be governed by the laws of the State of Minnesota. 10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 11. HEADINGS. Headings contained herein are for reference only and are not a part of this Agreement. 12. RIGHT TO INDEPENDENT COUNSEL. Each of the parties has been represented by independent counsel in connection with this Agreement and the Exhibits or has knowingly and voluntarily decided not to be represented by independent counsel. Each of the parties represents that this Agreement and the Exhibits have been read and understood and that each has received a copy. 13. REPRESENTATION OF AUTHORITY. The parties signing this Agreement warrant and represent to all other parties to this Agreement that they have full power,right and authority to execute this Agreement in their own name or in a representative capacity on behalf of any business entity named in this Agreement and that those signing on their behalf have the power and authority to bind such business entities to the terms and conditions of this Agreement. 14. FURTHER ASSURANCES. At any time and from time-to-time after the signing and delivery of this Agreement, each party shall upon the reasonable request of -3-