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DRAF <br />5-12-24 <br />filed with the Board and shall, if no effective date i54 contained in theamendrnentbecome <br />effective as of the date all such filings have been completed. <br />8.5 Waiver. The delay or failure of anv party of this Aereement at anytime to reauire <br />performance or compliance bv anv other party of any of its obligations under this <br />.Veement shall in no wav be deemed a waiver of those rift to rewire such <br />25rforniance or compliance. <br />8.6 Headings and Cutions. The headings and captions of these paraeraphs and sections of <br />this Agreement are included for convenience or reference only and shall not constitute a <br />part hereof; <br />8.7 Flitire Agreement. This Atirreement, includin.vhe recitals and the official boundary map <br />( v, hich are incorporated in and made part of this Agreement). contains the entire <br />unclastanding among the Members concerning the subiect matter hereof. This <br />Agreement supersedes and replaces the prior ioint powers_vreement among the <br />Members regarding the commission and such priorawernent is hereby terminated. Any_ <br />outstanding obligations of the Members under the prior a2.reement are not affected bv the <br />termination and shall be continued under this Agreement. <br />8.8 Examination of Books. Pursuant to Minnesota Statutes. section 16C.05, subdivision 5. <br />the boas. records. documents, and accountinforocedures and practices of the Board are <br />subject to examination by the State. <br />8.9 Governing- Law. The respective rights, obligations, and remedies of the Members under <br />this ALreement and the interpretation thereof shall he governed by the laws of the State <br />of Minnesota which pertain to agreements made and to he performed in the State of <br />Minnesota. <br />8.10 Counterpart, This Agreement shall be executed in several counterparts and all so <br />executed shall constitute one Agreement binding on all of the Members hereto. Each <br />party to the agreement shall receive a fully executed cony of the entire cicieument <br />followinadoption by all Members. <br />8,1 1 Enforcement. Members agree to be bound by the determination of the Commission and <br />to aerce to use their best efforts to carry out directives from the Ccanrnission; failure to <br />res_pond may result in a legal action bv the Commission to req_uire the Member to act <br />under a court order. <br />8. 12 Notice. To the extend this Agreement requires a notice to be mailed to a Member, the <br />notice requirement may be satisfied by the Commission emailing the notice to its prinilti-v <br />contact for the Mprober. <br />8.13 Statutory References. All references to statutes in this Agreement include any <br />amendments made thereto and any successor provisions. <br />32 <br />.W105-ILAY 1057 i1.7” 303M <br />