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V. CONTRACT TERM: This agreement will remain in force for a term of thirty(30) days. <br /> The agreement will automatically renew at the end of each thirty(30)day period at the then <br /> prevailing support contract rates, unless terminated by either party in writing fourteen 14 <br /> days prior to the renewal date. <br /> VI. ASSIGNMENT: The Member may not assign any rights hereunder without the prior <br /> written approval of the NJPA, and any attempt to assign any rights, duties, or obligations <br /> hereunder without the NJPA's written consent will be void. The NJPA may assign all or any <br /> part of its rights or obligations without the Member's consent. <br /> VII. LIMITATION OF LIABILITY: IN NO EVENT WILL NJPA BE LIABLE TO THE <br /> MEMBER OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED WITH THE <br /> MEMBER FOR ANY CLAIM, LOSS, OR DAMAGE OF ANY KIND OR NATURE; <br /> WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE <br /> OF THIS AGREEMENT.ANY INTERRUPTION OR LOSS OF SERVICE OR USE OF THE <br /> SOFTWARE, OR ANY FILES, DATA, OR OTHER COMPUTER SYSTEMS SHALL IN <br /> NO WAY CAUSE LIABILITY TO THE MEMBER.ANY SOFTWARE FAILURE OR ANY <br /> LOSS OF PROFITS, SALES, BUSINESS,DATA, OR OTHER DIRECT, INDIRECT, <br /> SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR LOSS OR DAMAGE OF ANY KIND OR <br /> NATURE RESULTING FROM THE FOREGOING, AND NOTWITHSTANDING ANY <br /> FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SHOULD NOT BE <br /> ASSUMED BY NJPA. <br /> VIII. PARTIAL INVALIDITY: If any provision of this Agreement is held by a court of <br /> competent jurisdiction to be invalid, void,or unenforceable,the remaining provisions <br /> shall nevertheless continue in full force without being impaired or invalidated in any way. <br /> IX. ARBITRATION: Any controversy between the parties hereto involving the construction <br /> or application of any of the terms, covenants, or conditions of this Agreement will, on the <br /> written request of one party served on the other be submitted to arbitration. The <br /> arbitration will comply with and be governed by the provisions of the State of Minnesota <br /> Code of Civil Procedure. The parties will each appoint one person to hear and determine <br /> the dispute and if they are unable to agree,then the two persons so chosen will select a <br /> third impartial arbitrator whose decision will be final and conclusive on both parties. The <br /> cost of arbitration will be borne in such proportions as the arbitrators decide. <br /> X. ATTORNEYS' FEES: If any action at law or in equity, including an action for <br /> declaratory relief, is brought to enforce or interpret the terms of this Agreement, the <br /> prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the <br /> court in the same action or in a separate action brought for that purpose, in addition to <br /> any other relief to which that party may be entitled. <br /> Page 2 of 4 <br /> Pequot Lakes Agreement 612016 <br />