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Elk River City Hall <br />13065 Orono Parkway <br />Elk River MN 55330 <br />To the Interim <br />Administrator: Robert D. Thistle <br />12241 Sycamore St. NW <br />Coon Rapids, MN 55448 <br />b. Governing Law and Venue. This Employment Agreement shall be <br />governed by and interpreted in accordance with the laws of the state of <br />Minnesota and shall be heard in the state or federal courts of Minnesota and <br />all parties to this Agreement waive any objection to the jurisdiction of these <br />courts, whether based on convenience or otherwise. If the parties disagree <br />upon the interpretation of this Employment Agreement, and cannot resolve <br />their differences in good faith, the parties agree to request non-binding <br />mediation from the Minnesota Bureau of Mediation Services. In any <br />dispute between them, each party will be responsible for its own attorneys' <br />fees, and the parties will split equally any other mediation fees. <br />c. Legality. The parties covenant and agree that the provisions contained <br />herein are reasonable and are not known or believed to be in violation of any <br />federal or state law or regulation. In the event a court of competent <br />jurisdiction finds any provision contained herein to be illegal or <br />unenforceable, such court may modify such provision to make it valid and <br />enforceable. Such modification shall not affect the remainder of this <br />Agreement which shall continue at all times to be valid and enforceable. No <br />payment may be made under this Agreement in excess of the maximum <br />amount permitted by applicable law. <br />d. Entire Agreement. This Agreement constitutes the entire agreement <br />between the parties and supersedes any and all prior oral or written <br />agreements between the parties. This Agreement can only be modified by <br />written agreement signed by both parties. The parties agree that there were <br />no inducements or representations leading to the execution of this <br />Agreement except as herein contained. <br />e. Counterparts. This Agreement may be executed simultaneously in two or <br />more counterparts, each of which will be deemed an original, but .all of <br />which together will constitute one and the same instrument. <br />[The remainder o this page is intentionallyeft blank) <br />4 <br />