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6. Termination of Permit. Permit No. 17160 is hereby terminated. <br />7. Miscellaneous. <br />a. Binding Covenant. The provisions and conditions of this <br />Easement shall be binding upon and inure to the benefit of the Parties <br />and their successors and assigns and shall constitute a covenant <br />running with the land. <br />b. Waiver. No waiver of any provision of this Easement shall be <br />binding unless executed in writing by the Party making the waiver. No <br />waiver of any provision of this Easement shall be deemed to constitute <br />a waiver of any other provision, whether or not similar, nor shall any <br />waiver constitute a continuing waiver unless the written waiver so <br />specifies. <br />C. Liability. Each Party is responsible for their own acts <br />and omissions and the results thereof to the extent authorized by the law. This <br />shall not be construed to waive any liability limits or <br />immunities including those arising under Minnesota Statutes Chapter 466. <br />d. Governing Law. This Easement is governed, construed, and <br />enforced under the laws of the State of Minnesota without regard to <br />conflicts of law provisions. <br />e. Counterparts. This Easement may be executed in any number of <br />counterparts, each of which is to be deemed to be an original and the <br />counterparts together constitute one and the same Easement. <br />A physical copy or electronic copy of this Easement, including its <br />signature pages, will be binding, and deemed to be an original. <br />f. Severability. The provisions of this Easement are severable, <br />and in the event that any provision is held to be invalid or <br />unenforceable, the Parties intend that the remaining provisions will <br />remain in full force and effect. <br />g. No Presumption against Drafter. This Easement has been <br />negotiated at arm's length and with the opportunity for the Parties to <br />consult legal counsel regarding its terms. Accordingly, <br />this Easement shall be interpreted to achieve the intent and purpose of <br />the Parties, without any presumption against the drafting party. <br />0 <br />Project MCES 8567 Forcernain Replacement at Channel Crossings <br />Ilennepin County Parcel 08.117.23.34.0061 <br />6ofI4 <br />52 <br />