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The waiver of any of the rights and /or remedies arising under the terms of the <br />Agreement on any one occasion by any party hereto shall not constitute a waiver of any <br />rights or remedies in respect to any subsequent breach or default of the terms of the <br />Agreement. The rights and remedies provided or referred to under the terms of the <br />Agreement are cumulative and not mutually exclusive. <br />XX. GOVERNING LAW. <br />This Agreement shall be interpreted and construed according to the laws of the <br />State of Minnesota, excluding the State of Minnesota's choice of law provisions. <br />Jurisdiction and venue shall reside in the County of Anoka, Minnesota. <br />XXI. SEVERABILITY. <br />The provisions of this Agreement shall be deemed severable. If any part of this <br />Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect <br />the validity and enforceability of the remainder of this Agreement. <br />XXII. NO RIGHTS OF THIRD PARTIES. <br />Except for specific provisions as related to ZAYO acting through the auspices of <br />Anoka County, nothing in this Agreement is intended to confer any rights or remedies <br />on other than the parties to the Agreement <br />XXIII. ATTACHMENTS AND EXHIBITS. <br />The following Exhibits are attached to this agreement and are incorporated into <br />this agreement by reference: <br />Attachment A: Capacity and costs for each co- location service site <br />Attachment B: Co- location service site requirements <br />Attachment C: Insurance Requirements <br />Attachment D: Building Access Contact Information <br />Attachment E: Service Order Form <br />Attachment F: Frequently Asked Questions (FAQ) <br />15 <br />March 28, 2011 Final <br />