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exclusion of Sewage, or the establishing of sewerage user charges periodically, provided that no <br /> such action shall affect Elk River Landfill's rights hereunder. <br /> D. Except as otherwise expressly provided herein, this Agreement may not be <br /> amended, changed or modified unless the amendment, change or modification is in writing and <br /> signed by both parties. <br /> E. All notices, requests, demands and other communications hereunder shall be in <br /> writing and shall be deemed to have been given if and when delivered or mailed, postage <br /> prepaid, by certified or registered mail, to: <br /> (1) City of Elk River <br /> Attn: Chief Wastewater Operator <br /> 13065 Orono Parkway Northwest <br /> Elk River, MN 55330 <br /> (2) Elk River Landfill <br /> Attn: Michael Miller <br /> 22460 Hwy 169 Northwest <br /> Elk River, MN 55330 <br /> F. This Agreement shall be governed by and construed in accordance with the laws <br /> of the State of Minnesota. Subject to paragraph VLL, remedies provided in this Agreement are <br /> not exclusive of any other rights or remedies that might be available to the parties at law or in <br /> equity. <br /> G. This Agreement shall bind and inure to the benefit of the parties and their <br /> respective successors and assigns, except as herein limited. <br /> H. Any provision of this Agreement which is prohibited or unenforceable in any <br /> jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or <br /> unenforceability without invalidating the remaining provisions hereof or affecting the validity or <br /> enforceability of such provision in any other jurisdiction. <br /> L If a dispute occurs between Elk River Landfill and the City regarding monitoring <br /> data or its interpretation or use under this Agreement, Elk River Landfill may request the City to <br /> obtain an opinion from the City's engineer regarding such dispute. Upon the request of Elk <br /> River Landfill, the City shall provide the opinion of its engineer to Elk River Landfill in an <br /> attempt to resolve the dispute. <br /> 11 <br /> V\MCGRANNDMVDMDOCS\DOCS\tak\90000A1140004.DOCX <br /> Error!Unknown document property name.05/23/2019 <br /> 34899386.205/30/2019)513012019�"cnnn 19 <br />