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no provisions can be waived, except by a written instrument executed by the party <br /> affected. <br /> D. Benefit. This Agreement shall bind and inure to the benefit of the parties <br /> and their respective successors and permitted assigns. <br /> E. No Waiver. No waiver of any breach or any agreement, covenant or <br /> restriction contained herein shall be construed to be a waiver of any other or future <br /> breach of the same or other covenants or restrictions. <br /> F. Notice Addresses. All notices shall be sent by registered or certified mail <br /> addressed as follows: <br /> Licensor: City Engineer <br /> City of Elle River <br /> 13065 Orono Parkway <br /> Elle River, MN 55330 <br /> Licensee: Elle River Landfill <br /> Either party may, by such notice, designate a new or other address to which notice may <br /> be mailed. <br /> G. Heading and Captions. The headings and captions of the paragraphs and <br /> subparagraphs of this Agreement are inserted for convenience and reference only and <br /> shall not constitute a part of this Agreement or a limitation on the scope of any paragraph <br /> or subparagraph. <br /> H. Severability. Whenever possible, each provision of this Agreement shall <br /> be interpreted in such manner as to be effective and valid under applicable law, but if any <br /> provision of this Agreement is held to be invalid, illegal or unenforceable under any <br /> applicable law or rule in any jurisdiction, such provision will be ineffective only to the <br /> extent of such invalidity, illegality or unenforceability in such jurisdiction without <br /> invalidating the remainder of this Agreement in such jurisdiction or any provision hereof <br /> in any other jurisdiction. <br /> L Counterparts. This Agreement may be executed in two or more <br /> counterparts, each of which shall be deemed an original, but all of which together shall <br /> constitute one and the same document. <br /> J. Governing Law. This Agreement shall be construed in accordance with <br /> and governed by the laws of the State of Minnesota. <br /> 5 <br />