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Fairview Health Services Guarantor Agreement <br /> No Waiver. The waiver by either party of a breach or violation of any provision of this <br /> Agreement shall not operate as or be construed as a waiver of any subsequent breach or violation <br /> of the same or any other provision herein. All of the rights and remedies provided herein are <br /> cumulative and additional to any rights or remedies the parties may have at law. <br /> Severability, Interpretation. In the event that any provision of this Agreement violates any <br /> applicable statute, ordinance, or rule of law in any jurisdiction that governs this Agreement, such <br /> provision shall be ineffective to the extent of such violation without invalidating any other <br /> provision of this Agreement. Any ambiguity in this Agreement shall be interpreted in such a <br /> manner to remain valid to the fullest possible extent under the law. <br /> Governing Law; Venue. This Agreement shall be construed and governed in accordance with <br /> the laws of the State of Minnesota, excluding its conflict of laws provisions. Any lawsuit, action <br /> or proceeding with respect to this Agreement must be brought in the State of Minnesota. <br /> Counterparts, Facsimile or Electronic Signatures. This Agreement may be executed by <br /> facsimile or electronically and/or in counterparts, each of which shall be deemed to be an <br /> original, but all of which together shall constitute one and the same Agreement. <br /> Authorization. Each person signing this Agreement has the authority to bind their respective <br /> party to the terms and conditions of this Agreement and this Agreement will be enforceable as to <br /> each party represented. <br /> Notices. Any notices or other communications required or permitted to be given under this <br /> Agreement shall be in writing and shall be sufficiently given if delivered personally (including by <br /> recognized courier), or if sent by other reliable communication (fax, e-mail, US Mail) and <br /> received by an authorized representative of the other party. Notices by mail must be addressed to <br /> the party as stated in this Agreement or as the party hereafter designates. Notice given by US <br /> mail is effective the third US Post Office delivery day after the date of mailing. <br /> Page 3 of 5 <br />