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race, creed, color, sex, sexual orientation, marital status, public assistance status, age, <br />disability, or national origin. <br />XVIII. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. <br />The representations, warranties, covenants, and agreements of the parties under <br />this Agreement, and the remedies of either party for the breach of such representations, <br />warranties, covenants, and agreement by the other party shall survive the execution <br />and term of this Agreement. <br />XIX. WAIVER. <br />The waiver of any of the rights and/or remedies arising under the terms of the <br />Agreement on any one occasion by any party hereto shall not constitute a waiver of any <br />rights or remedies in respect to any subsequent breach or default of the terms of the <br />Agreement. The rights and remedies provided or referred to under the terms of the <br />Agreement are cumulative and not mutually exclusive. <br />XX. GOVERNING LAW. <br />This Agreement shall be interpreted and construed according to the laws of the <br />State of Minnesota, excluding the State of Minnesota's choice of law provisions. <br />Jurisdiction and venue shall reside in the County of Anoka, Minnesota. <br />XXI. SEVERABILITY. <br />The provisions of this Agreement shall be deemed severable. If any part of this <br />Agreement is rendered void, invalid, or unenforceable, such. rendering shall not affect <br />the validity and enforceability of the remainder of this Agreement. <br />XXII. NO RIGHTS OF THIRD PARTIES. <br />Except for specific provisions as related to ZAYO acting through the auspices of <br />Anoka County, nothing in this Agreement is intended to confer any rights or remedies <br />on other than the parties to the Agreement <br />14 <br />Final Agreement as April 4, 2011 <br />