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Nothing contained in this Agreement shall be construed as a limitation on or waiver of any <br />immunities or limitations on liability otherwise available to the City under law. <br /> <br />3. NB Farmers Market Responsibilities. The NB Farmers Market shall be responsible for the cost of <br />repairs in the event of any damage to the Property. In addition, the NB Farmers Market shall carry <br />and maintain applicable insurance coverage including, but not limited to, Commercial General <br />Liability insurance. The NB Farmers Market shall provide evidence of coverage for the City’s review <br />and approval on or before June 1, 2019. The City shall be named as an additional insured with <br />respect to this coverage. The NB Farmers Market shall follow all rules, regulations and ordinances <br />of the City regarding its use of the Property. <br /> <br />4. Authority to Enter Agreement. Each party warrants that the individual(s) who have signed this <br />Agreement on their behalf have the actual legal power, right, and authority to make this <br />Agreement and bind each respective party hereto. <br /> <br />5. Amendment; Modification. No supplement, modification, or amendment to this Agreement shall <br />be binding unless executed in writing and signed by both parties. <br /> <br />6. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether <br />of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily <br />given or performed by a party shall give the other party any contractual right by custom, estoppel, <br />or otherwise. <br /> <br />7. Entire Agreement. This Agreement contains the entire agreement between the parties related to <br />the matters specified herein, and supersedes any prior oral or written statements or agreements <br />between the parties related to such matters. <br /> <br />8. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to <br />be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and <br />enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but <br />that by limiting such provision it would become valid and enforceable, then such provision shall <br />be deemed to be written, construed, and enforced as so limited. The intent of the parties is to <br />provide as broad an indemnification as possible under Minnesota law. In the event that any aspect <br />of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to <br />give the broadest possible interpretation permitted under Minnesota law. <br /> <br />9. Applicable Law. This Agreement shall be governed exclusively by the laws of Minnesota, without <br />regard to conflict of law provisions. <br /> <br />10. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this <br />Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and <br />state courts of Minnesota. Each party expressly consents and submits to this exclusive jurisdiction <br />and exclusive venue. Each party expressly waives the right to challenge this jurisdiction and/or <br />venue as improper or inconvenient. Each party consents to the dismissal of any lawsuit that they <br />bring in any other jurisdiction or venue.