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action or claim against the Town arising in any way out of the operation or use of the mineral <br /> extraction site. The Operator's agreement to the indemnification in this Section 11 shall run <br /> with the mineral extraction site and be perpetual. <br /> 12. Waiver. No waiver of any breach of this Agreement shall be held to be a <br /> waiver of any other subsequent breach. The failure of the Town to enforce at any time any of <br /> the provisions of this Agreement, or to exercise any option which is herein provided, or to <br /> require at any time performance by Operator of the provisions hereof shall be in no way <br /> construed to be a waiver of such provision, nor in any way affect the validity of this <br /> Agreement or any part thereof, or the right of the Town to thereafter enforce each and every <br /> provision. <br /> 13. Severability. If any portion of this Agreement is held invalid, the remainder of <br /> this Agreement shall not be affected thereby. <br /> 14. Recording. It is understood that this Agreement shall be recorded with the <br /> Dane County Register of Deeds and its terms shall be binding upon the successors and assigns <br /> of the Operator and Anderson. <br /> 15. Effective Approval. Approval and adoption of this Agreement by the Town <br /> does not constitute approval or disapproval by the Town of the mineral extraction site, the <br /> need for the site, and/or the feasibility or method of operation. The parties acknowledge that <br /> Dane County is vested with the final decisionmaking authority as to whether to grant a <br /> Conditional Use Permit for mineral extraction. <br /> 16. Applicable Law. This Agreement shall be interpreted according to the laws of <br /> the State of Wisconsin. <br /> 17. Conflict. The parties shall request that the terms of this Agreement be <br /> incorporated into the terms of any CUP issued by Dane County for the Property'. In the event <br /> there is any conflict between the terms and conditions of this Agreement with the Conditional <br /> Use Permit issued by the County or with the County, State or Federal regulations affecting <br /> quarry operations, the more restrictive terms and conditions shall prevail and control. <br /> Given under our hands and corporate seal of the Town of Oregon, Dane County, <br /> Wisconsin this 4 day of August, 1995. <br /> TOWN OF OREGON <br /> By _____),___Z,L3_4— CY-L-7__. (:1",-,:,)__A-7- <br /> Da�1as�Ch�stepsen, Chairman <br /> ,!-//i_ ___ ��i <br /> Attest: `�/-cil V . z1,. <br /> Muth Klah , Town Clerk <br />