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231452v2 <br />circumstances shall a Party be required to pay on behalf of itself and other parties, any amounts <br />on excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to <br />any one Party. The statutory limits of liability for the two parties may not be added together or <br />stacked to increase the maximum amount of liability for any Party. This section shall survive any <br />termination or expiration of this Agreement and will also remain subject to the liability <br />limitations as provided above Party <br />4.10 Severability. In the event that any portion of this Agreement shall be held to be invalid, <br />such invalidity shall not affect the validity of the remainder of this Agreement. <br /> <br />4.11 Counterparts. For the convenience of the parties, any number of counterparts hereof may <br />be executed and each such executed counterpart shall be deemed an original, but all such <br />counterparts together shall constitute one and the same Agreement. <br />4.12 Not Construed Against Drafter. The language of this Agreement shall not be interpreted <br />in favor of or against any Party as the drafter of this Agreement. <br /> <br />4.13. Incorporation. The recitals contained herein and the exhibits attached hereto are <br />incorporated in and made part of this Agreement. <br /> <br />4.14. Representations. Each Party executing this Agreement represents to the other that those <br />signing below on its behalf are authorized to enter into this Agreement and to bind its <br />organization to its terms and conditions. <br /> <br /> <br /> <br /> <br />IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective as of the <br />Effective Date set forth above. <br /> <br /> <br /> <br /> <br />SHERBURNE COUNTY CITY OF ELK RIVER <br /> <br /> <br />By: By: <br />Gary Gray John Dietz <br />County Board Chair Mayor, City of Elk River <br /> <br /> <br /> <br />Attest: Attest: <br />Bruce Messelt Tina Allard <br />County Administrator City Clerk <br /> <br /> <br /> <br /> <br />Gary H. Gray (Nov 4, 2025 11:23:59 CST) <br />Page 121 of 379