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<br />8. Governing Law: This Agreement IS governed by and is to be construed In <br /> <br />accordance with the laws of the state of Minnesota. <br /> <br />9. Survival: If one or more of the provisions of this Agreement are stricken or <br /> <br />declared invalid by any court, the remainder of the Agreement shall survive and remain <br /> <br />enforceable. <br /> <br />10. Authoritv: Each of the persons signing on behalf of the respective Parties to this <br /> <br />Agreement acknowledge that they have authority to execute this Agreement on behalf of their <br /> <br />respective party or entity. <br /> <br />11. Dismissal: The Parties agree to execute a Stipulation for Dismissal of the claims <br /> <br />against each other in this Action in the form attached hereto as Exhibit C. <br /> <br />12. Counsel: The Parties acknowledge that they have consulted with legal counselor <br /> <br />have had the opportunity to consult with legal counsel of their choice regarding the terms and <br /> <br />conditions of this Settlement Agreement and Release. The Parties further acknowledge that they <br /> <br />are entering into this Settlement Agreement and Release of their own free will. <br /> <br />13. Counterparts: This Agreement may be executed by the Parties in counterparts. <br /> <br />WHEREFORE, the Parties by setting forth their respective signatures below agree to the <br /> <br />foregoing terms. <br /> <br />5 <br />