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possession of the Receiving Party or its Representatives, including all copies of such Trade Secret <br />Information, all notes or other documents with respect to or reflecting such Trade Secret Information. <br />8. This Agreement embodies all of the understandings between the Parties hereto concerning the <br />subject matter hereof, and merges all prior discussions and writings between them as to confidentiality of <br />information other than as expressly provided in this Agreement, or as duly set forth subsequent to the date <br />hereof in writing and signed by both Parties. This Agreement may not be assigned by either Party <br />without the prior written consent of the other Party except in connection with the sale of all or <br />substantially all of the business or assets of the assigning Party. <br />9. Without prejudice to the rights and remedies otherwise available to Connexus, Connexus will be <br />entitled solely to equitable relief by way of injunction if there is a breach or threat of a breach of any of <br />the provisions of this Agreement by the Receiving Party. The Parties agree and acknowledge that <br />damages would not be an adequate remedy in the event of a breach of this Agreement. <br />10. This Agreement shall be governed by the laws of the State of Minnesota. <br />11. This Agreement may be executed in counterparts, each of which shall be deemed to be an original <br />and all of which shall constitute one and the same document. <br />12. The provisions of this Agreement are severable, and if any one or more of such provisions is <br />determined to be judicially unenforceable, the remaining provisions shall nevertheless be binding and <br />enforceable. <br />13. The prevailing party in any dispute or litigation arising in connection with this Agreement shall <br />be entitled to recover its reasonable attorneys' fees and costs. <br />IN WITNESS WHEREOF the Parties have signed this Agreement as of the date fast set forth <br />above. <br />Addresses: <br />Elk River Municipal Utilities <br />13069 Orono Pazkway By: <br />P.O. Box 430 <br />Elk River, MN 55330-0430 Title: <br />Connexus Energy <br />14601 Ramsey Blvd NW <br />Ramsey, MN 55303 <br />By: <br />Title: <br />