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based upon an alleged material breach of the Agreement by the Contractor, the Contractor shall have ten (10) <br /> days (or the least amount of time reasonably necessary if longer than ten days) to cure the breach. <br /> 12. Billing and Payment. Invoices shall be submitted periodically (customarily monthly) and are <br /> due and payable within thirty-five (35) days of receipt by the Jurisdiction. Past due balances may <br /> accrue interest at a rate of 1.0% per month (or the maximum rate of interest permitted by law, if less). <br /> 13. Choice of Law and Venue. This Agreement is being executed in and is intended to be <br /> performed in the State of Minnesota and shall be construed and enforced in accordance with <br /> Minnesota law. The parties hereto consent and agree that any legal action arising from or related to <br /> the Agreement shall be in Anoka County District Court, State of Minnesota. <br /> 14. Severability. The provisions of this Agreement shall be deemed severable. If any part of this <br /> Agreement is rendered void, invalid, or otherwise unenforceable, such rendering shall not affect the <br /> validity and enforceability of the remainder of this Agreement. <br /> 15. Merger. The Parties acknowledge and represent that no promise or representation not <br /> contained in this Agreement has been made to them and acknowledge and represent that this <br /> Agreement contains the entire understanding between the Parties and contains all terms and <br /> conditions between them. <br /> 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which <br /> shall be deemed an original but all of which shall constitute one and the same instrument. For <br /> purposes of this Agreement, the use of email, or other electronic medium shall have the same force <br /> and effect as an original signature. <br /> IN WITNESS WHEREOF, the Parties hereto have signed and executed this Agreement, both in <br /> duplicate, on the day and year first above written. <br /> JURISDICTION <br /> Mark E. Kuzma, Mayor <br /> ATTEST: <br /> Brian Hagen, City Administrator <br /> CONTRACTOR <br /> Andy J. Schreder, Chief Building Official & Owner <br /> 4 <br />