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<br />{00149157 12} 26. <br />13.8 Governing Law <br /> <br />This Master Agreement shall be governed by and construed in accordance with the laws <br />of Minnesota. <br /> <br />13.9 Non-waiver <br /> <br />Each right, power or remedy conferred by this Master Agreement is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter arising, or <br />available at law or in equity, or under any other agreement. Each and every right, power and <br />remedy herein set forth or otherwise so existing may be exercised from time to time as often and <br />in such order as may be deemed expedient and shall not be a waiver of the right to exercise at <br />any time thereafter any other right, power or remedy. If either party waives in writing any default <br />or nonperformance by the other party, such waiver shall be deemed to apply only to such event and <br />shall not waive any other prior or subsequent default. <br /> <br />13.10 Headings <br /> <br />The subject headings of the sections of this Master Agreement are included for purposes <br />of convenience only, and shall not affect the construction or interpretation of any of its <br />provisions. <br /> <br />13.11 City’s Remedies Upon Default <br /> <br />If the Developer or Owner fails to perform one or more of its obligations under this <br />Master Agreement or fails to abide by one or more restrictions this Master Agreement imposes <br />on the Developer or Owner, the City shall give the Defaulting party notice of the default and the <br />Defaulting party shall have 30 days to cure the default or such additional time as reasonably <br />needed to cure the default provided curative work has substantially commenced within 30 days <br />of receipt of actual notice from the City and the Defaulting party is exercising reasonable <br />diligence in pursuing cure of the default. If the Defaulting party does not cure the default within <br />the required period or such longer period as may be necessary if the default may not reasonably <br />be cured within such period, then the City may avail itself of any remedy afforded by law and <br />any of the following non-exclusive remedies. <br /> <br />a. the City may specifically enforce this Master Agreement, including without <br />limitation, the use of temporary restraining orders, temporary injunctions and <br />permanent injunctions; <br /> <br />b. the City may suspend any work, improvement or obligation to be performed by <br />the City until the City receives assurances from the Defaulting party, deemed <br />adequate by the City in its sole discretion, that the Defaulting party will cure its <br />default and continue its performance under the Master Agreement; <br /> <br />c. the City may collect on any Financial Guarantees provided by the Defaulting <br />party pursuant to this Master Agreement or any phase-specific subdivision