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With a copy lo: <br />Louis Smith, Esq. <br />Popham. Haik. Schnobrich & Kaufman. Ltd. <br />222 South Ninth Street. Suite 3300 <br />Minneapolis. MN 55402 <br />16. Survival . The obligations and indemnifications set forth in this Agreement <br />shall survive and not merge into any deed or other form of conveyance given by the Pearces <br />to the MCWD. <br />17. No Waiver: Entire Agreement. The failure of either party to insist upon strict <br />performance of any terms, covenants and/or conditions of this Agreement, or to exercise any <br />right or remedy herein contained, shall not be construed as a waiver or relinquishment for the <br />future of such term, covenant, condition, right or remedy. This Agreement and attached <br />Exhibits constitute the entire Agreement between the partes with respect to the litigation <br />referenced above. <br />18. Construction. It is mutually agreed that this Agreement shall be construed and <br />interpreted as if drafted by each party and it is further acknowledged that this Agreement is <br />the product of negotiations between the parties and shall not be construed or interpreted <br />against either party based on such party having drafted this Agreement or any portion thereof. <br />19. Choice of Law. This Agreement shall be construed and enforced in accordance <br />with the laws of the State of Minnesota. <br />20. Dispute Resolution. It is agreed that any dispute arising between the Pearces, <br />or either of them, and the MCWD with respect to the interpretation of this Settlement <br />Agreement shall be resolved through binding arbiu-ation. The parties agree to select an <br />arbitrator from among the Administrative Law Judges of the Office of Administrative <br />337/22080000 5/23/9.3