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� <br /> 9. Miscelianeous Governinq Provisions. This License Agreement shall be <br /> construed and interpreted in accordance with the laws of the State of Minneso#a. No <br /> failure on the part of a party to this License Agreement to exercise, and no delay in <br /> exercising, any rights contained in the License Agreement shall operate as a waiver of <br /> such rights, nor shall any single or partial exercise of any rights hereunder preclude any <br /> other or further exercise of such rights or the exercise of any other right. The remedies <br /> provided in this License Agreement are cumulative and not exclusive of any other <br /> remedy provided by law or equity. All terms and words used in this License Agreement <br /> shall be construed to include any other number and any other gender as the context or <br /> sense of this License Agreement or of any paragraph of this License Agreement may <br /> require as if such terms or words had been fully and properly written in the appropriate <br /> number and gender. Any exhibits to this License Agreement are a part of this License <br /> Agreemen#. Captions are provided for convenience and ease of reference only and do <br /> not affect or modify the terms of any of the provisions of this License Agreement. All of <br /> the provisions of this License Agreement are separable, so if any provision of this <br /> License Agreement is held to be ineffective by a court of competent jurisdiction, the <br /> remaining provisions of this License Agreement shall remain in full force and effect <br /> unless the invalidated provision is so fundamental to this License Agreement that the <br /> remaining provisions do not reflect the parties' intent. This License Agreement contains <br /> the entire agreement of the parties with respect to the subject matter of this License <br /> Agreement and supersedes any and all prior agreements and understandings befinreen <br /> the parties with respect to the same. The terms of this License Agreement have been <br /> cooperatively negotiated by and among the parties hereto, and this License Agreement <br /> shall not be construed against any party hereto as its author. Only a written instrument <br /> executed by both parties may modify this License Agreement. Time is of the essence <br /> for each and every term of this License Agreement. All of the indemnifications <br /> contained in this License Agreement shall survive the expiration or termination of this <br /> License Agreement. This License Agreement may be executed in counterparts and, <br /> upon execution, each counterpart shall be considered an original. <br /> C1TY OF ORONO <br /> gy. ' �'l� . � gy: �.�. -i'�/�-�� <br /> , Lili McMillan <br /> on behalf of The Fire ouse Donation Garden Its Mayor <br /> By: <br /> ssica Lo us <br /> Its City Administrator <br /> i s��z6 3 <br />