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<br />D-4 <br />construction of the Project; or the Landowner’s ability to enroll the Permanent Easement Property <br />in any federal program. <br /> <br />10. Forbearance or Waiver. The failure or delay of the Authority to insist on the timely <br />performance of any of the terms of this Permanent Easement, or the waiver of any particular breach <br />of any of the terms of this Permanent Easement, at any time, will not be construed as a continuing <br />waiver of those terms or any subsequent breach, and all terms will continue and remain in full <br />force and effect as if no forbearance or waiver had occurred. <br /> <br />11. Governing Law. This Permanent Easement will be construed and enforced in <br />accordance with North Dakota law. The parties agree any litigation arising out of this Permanent <br />Easement will be venued in State District Court in Cass County, North Dakota, and the parties <br />waive any objection to venue or personal jurisdiction. <br /> <br />12. Severability. If any court of competent jurisdiction finds any provision or part of <br />this Permanent Easement is invalid, illegal, or unenforceable, that portion will be deemed severed <br />from this Permanent Easement, and all remaining terms and provisions of this Permanent <br />Easement will remain binding and enforceable. <br /> <br />13. Entire Agreement. This Permanent Easement, together with any amendments, and <br />the Forest Mitigation Agreement, dated _____________, entered between the parties (the <br />“Agreement”), contains the entire agreement between the parties regarding the matters described <br />in this Permanent Easement, and this Permanent Easement and the Agreement supersede all other <br />previous oral or written agreements between the parties regarding the Project. <br /> <br />14. Modifications. Any modifications or amendments of this Permanent Easement <br />must be in writing and signed by the Landowner and the Authority and must be recorded in the <br />Cass County Recorder’s Office. <br /> <br />15. Representation. The parties, having been represented by counsel or having waived <br />the right to counsel, have carefully read and understand the contents of this Permanent Easement, <br />and agree they have not been influenced by any representations or statements made by any other <br />parties. <br /> <br />16. Headings. Headings in this Permanent Easement are for convenience only and will <br />not be used to interpret or construe its provisions. <br /> <br />(Signatures appear on the following pages.) <br />