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(3) Attn: Legal Counsel <br /> 720 E. Butterfield Road, 4th Floor <br /> Lombard, IL 60148 <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 Elle River Landfill and the City regarding monitoring <br /> data or its interpretation or use under this Agreement, Elle River Landfill may request the City to <br /> obtain an opinion from the City's engineer regarding such dispute. Upon the request of Elle <br /> River Landfill, the City shall provide the opinion of its engineer to Elle River Landfill in an <br /> attempt to resolve the dispute. <br /> If the dispute continues to occur between Elle River Landfill and the City, an independent <br /> professional engineer experienced in municipal sanitary engineering not regularly within the <br /> employ of the either the City or Elle River Landfill shall be designated by the City and Elle River <br /> Landfill to review the matter in dispute and issue a technical opinion thereof. The City and Elle <br /> River Landfill shall agree on the selection of such engineer. If the technical opinion of the <br /> independent professional engineer substantially conforms to the opinion of the City and its <br /> consulting engineer, the cost for such review shall be borne in its entirety by Elle River Landfill. <br /> If the technical opinion by the independent professional engineer substantially conforms to the <br /> position of Elle River Landfill, the cost for such review shall be borne in its entirety by the City. <br /> J. Elle River Landfill warrants and represents that the person executing this <br /> Agreement on its behalf has the authority to do so and to bind Elle River Landfill to the terms of <br /> this Agreement. <br /> 11 <br /> 34899386.2 10/04/2019 <br />