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18 <br />Section 12.05 RELATIONSHIPS CREATED. The Parties agree this Agreement does not <br />create any agency, partnership, joint venture, or any other relationship between the Parties and that Utility is solely responsible for its own actions or omissions. Section 12.06 GOVERNING LAW. This Agreement shall be controlled by the laws of the State of North Dakota. Any action brought as a result of any claim, demand, or cause of action <br />arising under the terms of this Agreement shall be venued in Cass County in the State of North Dakota, and the Parties waive any objection to personal jurisdiction. Section 12.07 SEVERABILITY. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any provision, section, sentence, clause, <br />phrase, and word hereof is held by a court with jurisdiction to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. Section 12.08 MODIFICATIONS. Any modifications or amendments to this Agreement <br />must be in writing and signed by both Parties to this Agreement. Section 12.09 BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective personal representatives, successors, and assigns. <br /> Section 12.10 REPRESENTATION. The Parties, having been represented by counsel or having waived the right to counsel, have carefully read and understand the contents of this Agreement, and agree they have not been influenced by any representations or statements made by any other Parties. <br /> Section 12.11 HEADINGS. Headings in this Agreement are for convenience only and will not be used to interpret or construe its provisions. Section 12.12 COUNTERPARTS. This Agreement may be executed in counterparts, each <br />of which shall be deemed to be an original but all of which taken together shall constitute one and the same agreement, and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party. Section 12.13 REPRESENTATION OF AUTHORITY. Each party signing this Agreement <br />represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. Section 12.14 TERMINATION. This Agreement may be terminated by the Metro Flood <br />Diversion Authority; provided, however, that to the extent an easement is granted by the Metro Flood Diversion Authority to the Utility hereunder, such easement shall continue and shall not terminate with this Agreement. <br /> <br />