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DRAFT Comprehensive Fire Service Study MEDINA, MINNESOTA <br /> <br />Matrix Consulting Group Page 123 <br /> <br />h. Data Practices. The Parties acknowledge that this Agreement is <br />subject to the requirements of Minnesota’s Government Data Practices <br />Act, Minnesota Statutes, Section 13.01 et seq. <br /> <br />i. No Waiver. Any Party’s failure in any one or more instances to insist <br />upon strict performance of any of the terms and conditions of this <br />Agreement or to exercise any right herein conferred shall not be <br />construed as a waiver or relinquishment of that right or of that Party’s <br />right to assert or rely upon the terms and conditions of this Agreement. <br />Any express waiver of a term of this Agreement shall not be binding and <br />effective unless made in writing and properly executed by the w aiving <br />Party. <br /> <br />j. Entire Agreement. These terms and conditions constitute the entire <br />Agreement between the Parties regarding the subject matter hereof. <br />All discussions and negotiations are deemed merged in this <br />Agreement. <br /> <br />k. Headings and Captions. Headings and captions contained in this <br />Agreement are for convenience only and are not intended to alter any <br />of the provisions of this Agreement and shall not be used for the <br />interpretation of the validity of the Agreement or any provision hereof. <br /> <br />l. Survivability. All covenants, indemnities, guarantees, releases, <br />representations and warranties by any Party or Parties, and any <br />undischarged obligations of the Parties arising prior to the expiration <br />of this Agreement (whether by completion or earlier termination), shall <br />survive such expiration. <br /> <br />m. Counterparts. This Agreement may be executed in several <br />counterparts, each of which shall be an original, and all of which shall <br />constitute but one and the same instrument. <br /> <br />IN WITNESS WHEREOF, the undersigned governmental units, by action of <br />their respective governing bodies, have caused this Agreement to be executed <br />in accordance with the authority of Minnesota Statutes § 471.59.