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6. The provisions of this Agreement are severable. If a court finds any part of this Agreement <br /> void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder <br /> of this Agreement. A waiver by a party of any part of this Agreement is not a waiver of any other <br /> part of the Agreement or of a future breach of the Agreement. <br /> 7. Any modifications to this Agreement must be in writing as a formal amendment. <br /> 8. This Agreement is binding upon and for the benefit of the parties and their successors and <br /> assigns. This Agreement is not intended to benefit any third-party. <br /> 9. Except as otherwise provided for in this Agreement, the Agreement may be terminated by <br /> the mutual agreement of the parties. <br /> 10. If a force majeure event occurs, neither party is responsible for a failure to perform or a <br /> delay in performance due to the force majeure event. A force majeure event is an event beyond a <br /> party's reasonable control, such as unusually severe weather, fire, floods, other acts of God, labor <br /> disputes, acts of war or terrorism, or public health emergencies. <br /> 11. Under Minnesota Statutes, Section 16C.05, subdivision 5,the Parties agree that the books, <br /> records, documents, and accounting procedures and practices relevant to this Agreement are <br /> subject to examination by either Party and the state auditor or legislative auditor, as appropriate, <br /> for at least six years from the end of this Agreement. <br /> 6 <br /> RS 160\1 V 00023.v 1 <br />