delays, manufacturer out-of-stock or delivery disruptions, acts of God, or any law or regulation issued by any government or governmental or quasi-governmental agency or any judgment or judicial, executive or administrative order or decree, whether or not ultimately held to be valid. The Party experiencing such a force majeure event shall promptly notify the other Party of such event and use its reasonable commercial efforts to promptly cure the same.
21.6Assignment. Retailer shall assign its obligations, including but not limited to the fulfillment of the term in its entirety, under this Agreement, including any Programs subscribed to by Retailer, to any purchaser or successor to the Store, subject to Company’s prior written consent. All of the provisions of this Agreement shall be binding upon and inure to the benefit of the respective legal representatives, heirs, successors and assigns of the parties hereto.
21.7Choice of Law. This Agreement, and the respective rights of the parties under this Agreement, shall be governed and construed by the laws of the State of Minnesota, without application of any choice of law considerations. Any claim, cause of action, suit or demand allegedly arising out of or related to this Agreement, or the relationship of the Parties, shall be brought exclusively in the state or federal courts located in Minneapolis, Minnesota, and the Parties irrevocably consent to the jurisdiction and venue of such courts. Each Party hereto agrees that valid service of process may be effected on it by certified mail at the addresses stated on the signature page of this Agreement.
21.8Survival. The rights and obligations of the Parties intended to be observed and performed by the Parties after the consummation of this Agreement shall survive the same and continue thereafter in full force and effect.
21.9Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Copies of this Agreement with signatures transmitted electronically (e.g., by facsimile or pdf) shall be deemed to be original signed versions of this Agreement.
21.10Construction. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.
21.11Entire Agreement: Modification and Waiver. This Agreement, together with any exhibits and the related written agreement(s) in the Affiliated Pharmacy Program, represent the only agreements among the parties concerning the AP Program and pharmaceutical supplies, and supersede all prior agreements, whether written or oral, relating thereto. No purported amendment, modification or waiver of any provision hereof shall be binding unless set forth in a written document signed by both Parties (in the case of amendments or modifications) or by the Party to be charged thereby (in the case of waivers). Any waiver shall be limited to the provision hereof and the circumstance or event specifically made subject thereto and shall not be deemed a waiver of any other term hereof or of the same