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6 Section Thirteen Other Provisions 13.1 Notices to the parties shall be deemed to have been given when mailed by certified mail, commercial carrier, or personal delivery to the parties at the following addresses: City of Lino Lakes Endurance Fitness of MN 600 Town Center Pkwy 5880 Archer Lane N Lino Lakes, MN 55014 Plymouth, MN 55446 13.2 This Agreement, including all Exhibits, constitutes the entire understanding between the parties relating to the rights herein granted and the obligation herein assumed and correctly sets forth the rights, duties, and obligations of each party to the other as of the date of this Agreement. Any prior Agreements, promises, negotiations or representations regarding the subject matter of this Agreement not expressly set forth in this Agreement are of no force or effect. No alteration or variation of any provision of this Agreement shall be valid unless reduced to writing and signed by both parties. 13.3 This Agreement shall benefit and bind the successors, affiliates and assigns of the party. No course of dealing between the parties and no failure to exercise any right granted, or provision included by this Agreement shall be construed as a waiver of the right to enforce the terms of this Agreement as written. 13.4 This Agreement shall not be assigned by either party without the other’s prior written consent. 13.5 If any provision of this Agreement is determined to be invalid, illegal or unenforceable in any respect as written, such provision shall be automatically modified to the minimum extent necessary to make it enforceable and the provision as so modified shall be enforced, without invalidating the Agreement as a whole. 13.6 Each party is a valid and legally existing entity and each of the undersigned hereby state that he/she has fully authority to enter into this Agreement and hereby accepts this Agreement on behalf of the entities identified below. 13.7 This Agreement may be executed in any number of counterparts, including fax or facsimile transmission or scanned and emailed, and each counterpart shall be deemed to be an original instrument, all such counterparts together shall constitute one (1) instrument. 13.8 This Agreement supersedes any other Agreement between EF and the City for the operation of the Facility. 13.9 The effective date of this Agreement is the date of execution by the last party to sign.