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� o � � <br /> • 4.1 Whereas Clauses. All recitals included in this License Agreement are incorporated into and <br /> considered a part of the Agreement. <br /> 4.2 Amendment.The terms of this License Agreement may be amended only by written agreement of the <br /> District and User. . <br /> 4.3 Governing Law.This License Agreement shall be governed by and interpreted according to the laws . <br /> of the State of Minnesota. <br /> 4.4 Waiver.No waiver of any violation of this License Agreement shall constitute a waiver of any <br /> subsequent violation,whether of the same or of any other term. Subsequent performance of any of the <br /> terms of this License Agreement shall not constitute a waiver of any preceding violation,regardless of the <br /> other party's knowledge of the preceding violation at the time of subsequent performance.The delay or <br /> omission of any party's exercise of any right arising from any default shall not affect or impair the party's <br /> rights regarding the same or future default. <br /> 4.5 No Agency. The District and User are independent parties for all legal purposes hereunder,and <br /> nothing herein shall be construed to create an agency,joint venture,partnership or other form of business <br /> association between the parties. <br /> 4.6 Assignment.User shall not assign,sublet or transfer this License Agreement in whole or in part, <br /> without the prior written consent of the District.Any attempt to assign,sublet or transfer this License <br /> Agreement without prior written consent shall be void and of no force or effect. <br /> 4.7 Correspondence. Correspondence regarding this License Agreement or the MCWMM data shall be <br /> directed as follows: <br /> � To the District: <br /> Modeling Coordinator <br /> Minnehaha Creek Watershed District <br /> 18202 Minnetonka Boulevard <br /> Deephaven MN 55391 <br /> To User: <br /> Greg Gappa <br /> City of Orono <br /> P.O. Box 66 <br /> Crystal,MN 55323-0066 <br /> 4.8 Survival of Provisions.All obligations of User regarding use and protection of the MCWMM data,all � <br /> indemnification obligations and limitations on all warranties in this License Agreement shall survive <br /> termination of the Agreement. <br /> 4.9 Authority.The person or persons executing this License Agreement on behalf of User represent that <br /> they are duly authorized to execute this License Agreement on behalf of User and represent and warrant <br /> that this License Agreement is a legal,valid and binding obligation enforceable according to its terms. <br /> . • 4 <br />