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MnDOT Contract No: 1033218 <br />10. Governing Law; Jurisdiction; Venue <br />Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal <br />proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with <br />competent jurisdiction in Ramsey County, Minnesota. <br />11. Termination; Suspension <br />11.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the <br />State for insufficient funding as described below. <br />11.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not <br />obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued <br />at a level sufficient to allow for the payment of the services covered here. Termination must be by written <br />or fax notice to the City. The State is not obligated to pay for any services that are provided after notice <br />and effective date of termination. However, the City will be entitled to payment, determined on a pro rata <br />basis, for services satisfactorily performed to the extent that funds are available. <br />11.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this <br />Agreement and all work, activities, performance and payments authorized through this Agreement. Any <br />work performed during a period of suspension will be, considered unauthorized work and will be <br />undertaken at the risk of non-payment. <br />12. Force Majeure <br />No party will be responsible to the other for a failure to perform under this Agreement (or a delay in <br />performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond <br />a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of <br />God, labor disputes, acts of war or terrorism, or public health emergencies. <br />[The remainder of this page has been intentionally left blank] <br />-5- <br />Landscape Agreement (Cooperative Agreements) <br />