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<br />6. Use of Images. To promote the Facility and the Rinkside Advertising Network <br />offering, City grants Rinkside authorization to use images of the Facility, including but not <br />limited to events taking place at the Facility in Rinkside sales materials, including <br />proposals, websites, flyers and other to be determined materials. <br /> <br />7. Governing Law and Jurisdiction. The construction and performance of this <br />Agreement will be governed by the laws of the State of Minnesota, without application of its <br />conflict of laws principles. Any litigation to resolve the terms of this Agreement will be <br />venued in Minnesota District Court, in Sherburne County, Minnesota. <br /> <br />8. Notices. Any notice, demand or request required or permitted to be given under <br />the provisions of this Agreement shall be in writing; shall be delivered personally, including <br />by means of facsimile or e-mail, or mailed by registered or certified mail, postage prepaid <br />and return receipt requested; shall be deemed given on the date of personal delivery (with <br />confirmation of transmission or, if by e-mail, confirmation of receipt) or on the date set <br />forth on the return receipt; and shall be delivered or mailed to the addresses set forth on <br />the first page of this Agreement or to such other address as any party may from time to <br />time direct, with copies to: <br /> <br />RINKSIDE: Isport Networks LLC <br /> d/b/a Rinkside Advertising Network <br /> 513 Greenview Drive <br /> Chanhassen, MN 55317 <br /> <br />CITY: City of Elk River <br /> Cal Portner, City Administrator <br /> 13065 Orono Parkway <br /> Elk River, MN 55330 <br /> <br />9. Force Majeure. <br /> <br />(a) If a Force Majeure Event occurs, the party that is prevented by that Force <br />Majeure Event from performing any one or more obligations under this agreement <br />(the “Nonperforming Party”) will be excused from performing those obligations, on <br />condition that it complies with its obligations. <br /> <br />(b) For purposes of this agreement, “Force Majeure Event” means, with respect <br />to a party, any event or circumstance, regardless of whether it was foreseeable, that <br />was not caused by that party and that prevents a party from complying with any of <br />its obligations under this agreement \[(other than an obligation to pay money)\], on <br />condition that that party that uses reasonable efforts to do so, except that a Force <br />Majeure Event will not include \[any a strike or other labor unrest that affects only <br />one party, an increase in prices, or a change of law\]. <br />2 <br />188793v1 <br />