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XXXXXXXXXXX <br /> P.O. Box 430 <br /> 13069 Orono Parkway, <br /> Elk River, MN 55330-0430 <br /> Notice to Wright-Hennepin Cooperative Electric Association: <br /> XXXXXXXXXXX <br /> PO Box 330 <br /> 6800 Electric Drive <br /> Rockford, MN 55373-0330 <br /> 13. Force Majeure.Neither Party shall be liable to the other or deemed in default <br /> under this Agreement if and to the extent that Party's performance is prevented by reason of <br /> force majeure. "Force majeure" includes war, an act of terrorism, fire, earthquake, flood, and <br /> other circumstances, which are beyond the control and without the fault or negligence of the <br /> Party affected and which by the exercise of reasonable diligence the Party affected was unable to <br /> prevent. <br /> 14. Savings clause. If any court finds any portion of this Agreement to be contrary to <br /> law, invalid, or unenforceable,the remainder of the Agreement will remain in full force and <br /> effect. <br /> 15. Counterparts. This Agreement may be signed in counterparts, each of which <br /> shall be deemed an original, and which taken together shall be deemed to be one and the same <br /> document. <br /> IN WITNESS WHEREOF,the Parties, have caused this Agreement to be approved on <br /> the date above. <br /> Elk River Municipal Utilities <br /> By: <br /> Its <br /> Wright-Hennepin Cooperative Electric Association <br /> By: <br /> Its <br /> 4 <br /> 189557v1 <br />