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comply with any provision of this Agreement by the other Party shall not be construed as, or <br />constitute a continuing waiver of such provision or a waiver of any other breach of or failure to <br />comply with any other provision of this Agreement. <br />I. Force Majeure. Except for payment of sums due, neither Party shall be liable to <br />the other or deemed in default under this Agreement, if and to the extent that a Party's <br />performance is prevented by reason of force majeure. "Force majeure" includes war, an act of <br />terrorism, fire, earthquake, flood and other circumstances which are beyond the control and <br />without the fault or negligence of the Party affected and which by the exercise of reasonable <br />diligence the Party affected was unable to prevent. <br />J. Further Assurances. From and after the execution of this Agreement, the parties <br />shall fully cooperate with each other and perform any further act(s) and execute and deliver any <br />further documents which may be necessary in order to carry out the purposes and intentions of <br />this Agreement. <br />K. Savings Clause. If any court finds any portion of this Agreement to be contrary to <br />law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and <br />effect. <br />L. Counterparts. This Agreement may be signed in counterparts, each of which shall <br />be deemed an original, and which taken together shall be deemed to be one and the same <br />document. <br />M. Conflicts with the Code. The insurance and indemnity provisions of the Code are <br />hereby superseded by the insurance and indemnity provisions of this Agreement. <br />Remainder of page intentionally left blank. Signature page follows. <br />City of Orono, Minnesota <br />Small Wireless Facility Collocation Agreement 13 <br />48063050 <br />