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2006_0522_Packet
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2006_0522_Packet
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executing this Agreement but have chosen to enter into this Agreement <br />voluntarily and knowingly. <br />� 10. L,egal Counsel. The parties hereto hereby warrant and represent that they <br />have consulted with and received advice from legal counsel of their choice <br />with res�ct to this Agreement. <br />� 1. Jointiv Darafted A�r�e�nent. This Agreement was jointly drafted by the <br />parties and the patties hereby agree that neither should be favored in the <br />construction, interpretation or application of any provision or any <br />ambiguity. <br />12. Waiver. Modification or Amendment. No waiver, modification or <br />amendment of any term, condition or provision of this Agreement shall be <br />valid or of any effect unless made in writing, signed by the party to be bound <br />or its duly authorized representative and specifying with particularity the <br />nature and extent of such waiver, modification or amendment. Any waiver <br />by any party of any default of the other shall not affect or impair any right <br />arising from any subsequent default. Nothing herein shall limit the rights <br />and remedies of the parties hereto under and pursuant to this Agreement, <br />except as hereinbefore set forth. <br />13. Authori€v of Si agn tories. Each person signing this Agreement on behalf of <br />the parties hereto hereby warrants, represents and covenants to the other <br />parties hereto that (i) such signatory is authorized to sign this Agreement on <br />behalf of the party he or she represents; and (�i) th� execution of this <br />Agreement by such signatazy serves to bind such party to the terms and <br />conditions of this Agreement. <br />14. Binding Effect. The provisions of this Agreement shall be binding upon <br />and inure to the benefit of the parties hereto and their respective successors <br />and assigns. <br />1S. Enforcement. Nothing in this Agreement is intended as a waiver or <br />release of either party's rights to seek enforcement of this Agreement. <br />Nothing co�tained in this Settlement Agreement shall constitute or be <br />construed as a waiver or release of either party's rights to enforce the <br />terms of this Agreement. Any dispute(s} concerning the terms of this <br />Agreement shall be construed in accordance with Minnesota law and the <br />prevailing party in any such dispute{s} shall be entitled to recover all of its <br />costs and expenses, including without limitation attorneys' fees. <br />16. No Admission of Liabilitv. It is agreed and acknowledged that the <br />settlement on the terms set forth herein is accepted by the parties without <br />any admission of any liability on the part of anyone. <br />
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