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executing this Agreement but have chosen to enter into this Agreement voluntarily and knowingly. � 10. L,egal Counsel. The parties hereto hereby warrant and represent that they have consulted with and received advice from legal counsel of their choice with res�ct to this Agreement. � 1. Jointiv Darafted A�r�e�nent. This Agreement was jointly drafted by the parties and the patties hereby agree that neither should be favored in the construction, interpretation or application of any provision or any ambiguity. 12. Waiver. Modification or Amendment. No waiver, modification or amendment of any term, condition or provision of this Agreement shall be valid or of any effect unless made in writing, signed by the party to be bound or its duly authorized representative and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by any party of any default of the other shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the rights and remedies of the parties hereto under and pursuant to this Agreement, except as hereinbefore set forth. 13. Authori€v of Si agn tories. Each person signing this Agreement on behalf of the parties hereto hereby warrants, represents and covenants to the other parties hereto that (i) such signatory is authorized to sign this Agreement on behalf of the party he or she represents; and (�i) th� execution of this Agreement by such signatazy serves to bind such party to the terms and conditions of this Agreement. 14. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 1S. Enforcement. Nothing in this Agreement is intended as a waiver or release of either party's rights to seek enforcement of this Agreement. Nothing co�tained in this Settlement Agreement shall constitute or be construed as a waiver or release of either party's rights to enforce the terms of this Agreement. Any dispute(s} concerning the terms of this Agreement shall be construed in accordance with Minnesota law and the prevailing party in any such dispute{s} shall be entitled to recover all of its costs and expenses, including without limitation attorneys' fees. 16. No Admission of Liabilitv. It is agreed and acknowledged that the settlement on the terms set forth herein is accepted by the parties without any admission of any liability on the part of anyone.