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8. Entire Agreement. This Agreement contains the complete understanding and agreement <br />of the parties hereto with respect to all matters referred to herein, and all prior representations, <br />negotiations, and understandings are superseded hereby. This agreement may not be amended or <br />modified in whole or in part except with the consent of both of the parties hereto in writing. <br />9. No Waiver. No waiver of any default of any obligation by any party hereto shall be <br />implied from any omission by the other party to take any action with respect to such default. <br />10. Notices. All notices permitted or required to be given under this Agreement shall be in <br />writing and shall be deemed to have been given (a) when personally delivered, (b) one business <br />day after being delivered to a reliable and recognized overnight courier or messenger service <br />which provides receipts of delivery, with fees prepaid or charged to the sending party, or (c) <br />three business days after being deposited in the United States mail in a sealed envelope by <br />certified mail, postage prepaid, addressed to the respective party at the address set forth herein or <br />to such other address as set forth in a notice given in accordance with this Section. The notice <br />addresses of the initial parties are as follows: <br />Seller: Clifford Otten <br />Eby courier or personal delivery: <br />2350 West Wayzata Boulevard <br />Long Lake, MN 55356 <br />if b mail: <br />Box 249 <br />Long Lake, MN 55356 <br />Copy to: Christopher J. Pierson <br />Sanford, Pierson, Thane & Strean, PLC <br />1905 East Wayzata Boulevard <br />Suite 220 <br />Wayzata, MN 55391 <br />Purchaser: City Orono <br />P.O. Box 66 <br />Crystal Bay, MN 55323 <br />Attn: City Administrator <br />Copy to: Campbell Knutson, P.A. <br />Grand Oak Office Center I <br />860 Blue Gentian Road, Suite 290 <br />Eagan, Minnesota 55121 <br />Attn: Andrea McDowell Poehler <br />11. Severability. The invalidity of any portion of this Agreement shall not impair in any <br />manner the validity, enforceability or effect of the rest of this Agreement. <br />17 <br />181815v6 <br />