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recoverable by Vendor with respect to such liability (net of the costs of collection), whichever is <br />greater. <br /> <br /> C. In]unctive Relief. In the event of a breach or threatened breach of the provisions <br />of paragraph K of Article II hereof, recognizing that damages at law would be inadequate, the <br />non-breaching party shall be entitled to injunctive relief, by way of restraining or injunction, to <br />prevent or restrain such breach, in addition to any other remedies that may be available at law or <br />in equity. <br /> <br /> D. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY AND <br />SPECIFICALLY SET FORTH IN THIS AGREEMENT OR ANY APPLICABLE WORK <br />ORDER, VENDOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY <br />NATURE WHATSOEVER, EXPRESS, 12MPLIED OR STATUTORY, WITH RESPECT TO <br />ANY EQLr~MENT OR SERVICES THAT MAY BE PROVIDED PURSUANT HERETO OR <br />IN CONNECTION HEREWITH, INCLUDING WITHOUT LIMITATION ANY WARRANTY <br />AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br /> <br />VIII. GENERAL <br /> <br /> A. Both parties agree that, except as may be required by applicable law or <br />regulation, they shall not disclose in advertising, publicity, or otherwise, the terms and conditions <br />of this Agreement. <br /> <br /> B. This Agreement shall be construed in accordance with the laws of the State of <br />Minnesota. <br /> <br /> C. Each paragraph and provision is severable from the Agreement, and if one or <br />more provisions or parts are declared invalid, the remaining provisions shall nevertheless remain <br />in full force and effect. <br /> <br /> D. It is expressly agreed that this Agreement embodies the entire understanding of <br />the parties in relation to its subject matter, and that no other agreement or understanding, verbal or <br />otherwise, relative to its subject matter exists between the parties at the time or execution of this <br />Agreement. <br /> <br /> E. In the event foreign, federal, state or local taxes are assessed on any product or <br />service delivered in connection with any Work Order(s), Customer shall reimburse Vendor <br />accordingly. <br /> <br />28850t.1 <br /> <br /> <br />