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payment dates,make the applicable Payments. Service may be suspended by Pequot <br /> Lakes beginning May 1 or thereafter and such suspension may continue until the required <br /> payment is made by Breezy Point. Pequot Lakes shall have up to five days following <br /> receipt of the required payments and the end of a suspension period to resume service <br /> under this Contract. <br /> 16. Service Contract. This Contract is a service contract. The Parties do not intend to <br /> undertake or create, and nothing herein shall be construed as creating, a joint powers <br /> agreement,joint venture, or joint enterprise between the Parties. <br /> 17. Records—Availability and Retention. Pursuant to Minn. Stat. § 16C.05, subd. 5, the <br /> Parties agree that the Parties, the State Auditor, or any of their duly authorized <br /> representatives at any time during normal business hours and as often as they may <br /> reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, <br /> and transcribe any books, documents,papers, records, etc., which are pertinent to the <br /> accounting practices and procedures of each Party and involve transactions relating to <br /> this Contract. <br /> 18. Force Majeure. The Parties shall each be excused from performance under this Contract <br /> while and to the extent that either of them are unable to perform, for any cause beyond its <br /> reasonable control. Such causes shall include, but not be restricted to fire, storm, flood, <br /> earthquake, explosion, war,total or partial failure of transportation or delivery facilities, <br /> raw materials or supplies, interruption of utilities or power, and any act of government or <br /> military authority. In the event either Party is rendered unable wholly or in part by force <br /> majeure to carry out its obligations under this Contract then the Party affected by force <br /> majeure shall give written notice with explanation to the other Party immediately. <br /> 19. Third Parties.Nothing in this Contract shall be construed to create any special <br /> relationship between residents of Breezy Point or any individual and Pequot Lakes, its <br /> agents and employees giving rise to a special duty on the part of, or a cause of action <br /> against Pequot Lakes, its agents and employees. <br /> 20. Minnesota Law Governs. This Contract shall be governed by and construed in <br /> accordance with the internal laws of the State of Minnesota. All proceedings related to <br /> this Contract shall be venued in the State of Minnesota. <br /> 21. Severability. The provisions of this Contract shall be deemed severable. If any part of <br /> this Contract is rendered void, invalid, or otherwise unenforceable, such rendering shall <br /> not affect the validity and enforceability of the remainder of this Contract. <br /> 22. Data Practices. The Parties acknowledge that this Contract is subject to the <br /> requirements of Minnesota's Government Data Practices Act, Minnesota Statutes, <br /> Section 13.01 et seq. <br /> 23. No Waiver. Any Party's failure in any one or more instances to insist upon strict <br /> performance of any of the terms and conditions of this Contract or to exercise any right <br /> 6 <br />