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21. <br />Binding Effect: The terms and provisions hereof shall be binding upon and inure to the <br />benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be <br />binding deemed covenants running with the land. References herein to Developer, if there <br />be more than one. shall mean each and all of them. This agreement at the option of the City <br />shall be placed of record so as to give notice hereof to any subsequent purchasers and <br />encumbrancers of all or any part of the property. <br />Notices: Whenever in this agreement it shall be required or permitted that notice or demand <br />be given or served by either party to this agreement to or on the other party, such notice or <br />demand shall be delivered personally or mailed by United States certified mail (return receipt <br />requested) to the addresses set forth below. Such notice or demand shall be deemed timely <br />given when delivered personally or when deposited in the mail in accordance with the above. <br />Notice to City Notice to Developer <br />City of Orono <br />Clerk/Administrator <br />P.O. Box 66 <br />Crystal Bay. MN 55323 <br />James Cooper. Chief Manager <br />Orono Senior Housing. LLC <br />c/o Dunbar De\elopment Corporation <br />5000 CileiuM>od Avenue <br />Golden Valley. MN 55422 <br />cc: Wedum Foundation <br />Parties may substitute notice provisions upon notice to all other parties. <br />Incorporation bv Reference: All plans, special provisions, proposals, specifications and <br />contracts for the Improvements furnished and let pursuant to this agreement shall be and <br />hereby are made a part of this agreement by reference as fully os if set out herein in full. <br />Disclaimer bv Citv: It is understixHl and agreed that the City, the City Council, and the <br />agents and employees of the City shall not be personally liable or responsible in any manner <br />to the Developer or Developer's contractors, subcontractors, materialmen. laborers, or any <br />other perstm. firm or corporation, for any debt, claim, demand, damages, actions, or causes <br />of action of any kind or character, arising out of or by reason of the execution of this <br />agreement or the performance and completion of the Improvements. <br />Page 13 of 17