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of whether the Vadnais Heights sanitary sewer and water system can adequately serve such additional development without adversely impacting. Vadnais Sleights own. demands for sanitary sewer and water service and whether the additional capacity can be provided in an economical manner. Vadnais Heights determinations on these utility issues. and the ability to. serve shall be final. 5, Gem Lake fails to begin the construction ofthe sanitary sewer and water main connections by December 31, 20.19.. M Tcrrriination_by Gem Cake - This -agreement may. be. terminated by Gem Lake by providing Vadnais Heights a thirty (30) day4ritten notice of intent.to terminate. All.costs associated for services provided up to the final day of termination must bepaid by Gen! Lake: N Terms of Termination/Se arabilit . - 1. This agreement may be terminated, with or without cause, by either party upon sixty (60) days' prior written notice provided to.the:City Administrator or Mayor of the other City. The date of termination: shall. be stated in the notice. 2. Upon termination, any and all records or property of the respective cities will.be returned to the appropriate city. 3.. This. agreeinettt.is governed bythe. laws of the: State of Minnesota. 4. In the. event that any..provision. of this agreement is held invalid, -the other provisions remain in full force and effect. D. Force Maiure -Neither party shall -be held responsible for performance of this agreement if the party's performance is prevented by acta or events beyond the party's reasonable control. This includes, but is not limited to,. severe weather and storms,. earthquakes, tornados or.other natural weather occurrences, strikes and other labor unrest; power failures, electrical power surges. or current fluctuations, nuclear or other civil. or military emergencies.or acts of legislative, judicial, executive or administrative authorities. 6