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<br />Agreement for Compensation Update Services Page 6 of 7 <br />specifically acknowledges that it understands the confidentiality risks associated with <br />inadvertent interception. <br /> <br />12. FORCE MAJEURE: Each party shall be excused from any breach of this Agreement <br />which is proximately caused by war, strike, act of God or other similar circumstance <br />normally deemed outside the control of well-managed businesses. <br /> <br />13. GOVERNING LAW: This Agreement is made pursuant to, and shall be construed in <br />accordance with the laws of the State of Minnesota. <br /> <br />14. HEADINGS AND CAPTIONS: Headings and captions contained in this Agreement <br />are for convenience only and are not intended to alter any of the provisions of this <br />Agreement. <br /> <br />15. ENTIRE AGREEMENT: This Agreement contains the entire Agreement for <br />Compensation Update services between the parties hereto. No other agreement, <br />statement, or promise made on or before the effective date of this Agreement will be <br />binding on the parties. <br /> <br />16. MODIFICATION: Any modification of the provisions of this Agreement shall be <br />reduced to writing and signed by the parties hereto. <br /> <br />17. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY: If any provision of this <br />Agreement is held in whole or in part to be unenforceable for any reason, the remainder <br />of that provision and of the entire Agreement will be severable and remain in effect. <br /> <br />18. CITY APPROVAL: The City COUNCIL has approved FIRM’s fees and expenses to <br />provide Compensation Update services for CITY during the term of this Agreement. <br />The signing of this Agreement will be ministerial, and the FIRM is authorized to <br />commence performing services following execution of this Agreement. <br /> <br />19. AGREEMENT NOT ASSIGNABLE. Except relating to conflicts of interest, the rights <br />and obligations created by this Agreement may not be assigned by either party. <br /> <br />20. COUNTERPARTS. This Agreement may be executed in counterparts. Facsimile, <br />photocopied or scanned signatures shall be considered as valid signatures as of the date <br />thereof, although the original signature pages shall thereafter be appended to this <br />Agreement. <br /> <br />21. WORK PRODUCTS. All records, information, materials and other work products <br />prepared and developed in connection with the provision of services pursuant to this <br />Agreement shall become the property of the CITY. <br /> <br /> <br /> <br />