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• 7. GOVERNING LAW. This Agreement shall be governed, <br /> construed, and enforced in accordance with the substantive laws, but not the <br /> conflicts, of the State of Minnesota. <br /> 8. BINDING ARBITRATION. Any controversy or claim arising <br /> out of or relating to this contract, or the breach thereof, shall be settled by <br /> arbitration in accordance with the Rules of the American Arbitration <br /> Association, and judgment upon the award rendered by the Arbitrator(s) may <br /> be entered in any court having jurisdiction thereof. <br /> 9. SEVERABILITY. If any provision or covenant of this <br /> Agreement should be held by any court to be invalid or unenforceable, either <br /> in whole or in part, such invalidity or unenforceability shall not affect the <br /> validity of enforceability of the remaining provisions or covenants of this <br /> Agreement, all of which shall remain in full force and effect. Should any <br /> covenant contained herein be held by any court of competent jurisdiction to <br /> be overly broad and unenforceable, the parties agree that any such court may <br /> enforce so much of such covenant or restriction as is otherwise enforceable. <br /> 10. NOTICES. All communications provided for hereunder shall be <br /> in writing and shall be deemed to be given when delivered in person or <br /> • deposited in the United States Mail, First Class, Certified Mail, Return <br /> Receipt Requested, with proper postage prepaid, and addressed to the party <br /> and at the address specified below. <br /> 11. ENTIRE AGREEMENT. This Agreement and the Schedules <br /> attached hereto represent the complete and mutual understanding of the <br /> parties with respect to the subject matter hereof, and supersede and cancel <br /> all previous and contemporaneous written and oral agreements and <br /> communications with respect to the subject matter hereof, except for the <br /> Lease herein attached as Exhibit A. <br /> IN WITNESS WHEREOF, the parties have set their hands and seals <br /> as of the day first above written. <br /> CITY OF ELK RIVER EDA: THE COMPANY: <br /> By By <br /> Typed Name Typed Name <br /> Title Title <br /> Date Date <br /> • By <br /> By <br /> Typed Name Typed Name <br /> Title Title <br /> Date Date <br />