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DRAFT <br />11-73-42-24 <br />8.58.7 Waiver. The delay or failure of any party of this Agreement at any time to require <br />performance or compliance by any other party of any of its obligations under this <br />Agreement shall in no way be deemed a waiver of those rights to require such <br />performance or compliance. <br />8,68.8 Headings and Captions. The headings and captions of these paragraphs and sections of <br />this Agreement are included for convenience or reference only and shall not constitute a <br />part hereof. <br />8.78.9 Entire Agreement. This Agreement, including the recitals and the official boundary map <br />(which are incorporated in and made part of this Agreement), contains the entire <br />understanding among the Members concerning the subject matter hereof. This <br />Agreement supersedes and replaces the prior joint powers agreement among the <br />Members regarding the Commission and such prior agreement is hereby terminated. Any <br />outstanding obligations of the Members under the prior agreement are not affected by the <br />termination and shall be continued under this Agreement. <br />8.88.10Examination of Books. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, <br />the books, records, documents, and accounting procedures and practices of the Board are <br />subject to examination by the State. <br />&98.11 Governing Law. The respective rights, obligations, and remedies of the Members under <br />this Agreement and the interpretation thereof shall be governed by the laws of the State <br />of Minnesota which pertain to agreements made and to be performed in the State of <br />Minnesota. <br />8.108.12 Counterparts. 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 copy of the entire document <br />following adoption by all Members. <br />8448.13 Enforcement. Members agree to be bound by the determination of the <br />Commission and to agree to use their best efforts to carry out directives from the <br />Commission; failure to respond may result in a legal action by the Commission to require <br />the Member to act under a court order. <br />8428.14 Notice. To the extentextend this Agreement requires a notice to be mailed to a <br />Member, the notice requirement maybe satisfied by the Commission emailing the notice <br />to its primary contact for the Member. <br />8448.1') Statutory References. All references to statutes in this Agreement include any <br />amendments made thereto and any successor provisions. <br />IN WITNESS WHEREOF, the Members have entered into this Agreement by action of <br />their respective governing bodies effective as of the date of the last Member to execute it. <br />23 <br />LW1O5-1-951303.vl <br />