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12-18-2019 Workshop & Council Packets
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12-18-2019 Workshop & Council Packets
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24. Prior Understandings. This Agreement contains the entire agreement between <br />the parties to this Agreement with respect to the subject matter of the Agreement, is <br />intended as a final expression of such parties' agreement with respect to such terms as <br />are included in this Agreement, is intended as a complete and exclusive statement of the <br />terms of such agreement, and supersedes all negotiations, stipulations, understanding, <br />agreements, representations and warranties. If any, with respect to such subject matter, <br />which precede or accompany the execution of this Agreement. <br /> <br />25. Waiver. Any waiver of a default under this Agreement must be made in writing and <br />shall not be a waiver of any other default concerning the same or any other provision of <br />this Agreement. No delay or omission in the exercise of any right or remedy shall impair <br />such right or remedy or be constructed as a waiver. A consent to or approval of any act <br />shall not be deemed to waive or render unnecessary consent to or approval of any other <br />or subsequent act. <br /> <br />26. Drafting Ambiguities. Each party to this Agreement has reviewed and had the <br />opportunity to revise this Agreement. Each party to this Agreement has had the <br />opportunity to have legal counsel review and revise this Agreement. The rule of <br />construction that any ambiguities are to be resolved against the drafting party shall not <br />be employed in the interpretation of this Agreement or of any amendments or exhibits to <br />this Agreement. <br /> <br />27. Jurisdiction and Venue. This Agreement is to be construed pursuant to Laws of <br />the State of Minnesota. Jurisdiction and venue for any claim arising out of this Agreement <br />shall be made in the State of Minnesota, County of Ramsey. <br /> <br />28. Receipt of Copy. TCO hereby acknowledges that it has received a signed copy of <br />this Agreement. <br /> <br />29. MISCELLANEOUS <br /> <br />A. It is understood that this Agreement contains the entire agreement between City <br />and TCO and that no statement, promise, or inducements have been made to any <br />party hereto, or any officer, agent, or employee of either party hereto which is not <br />contained within this written Agreement. <br /> <br />B. This Agreement may not be enlarged, modified, or altered except in writing signed <br />by the parties and endorsed herein. It is expressly understood between the parties <br />hereto and this understanding should be considered in interpreting the provisions <br />of this Agreement, that upon notice given by any party hereto, later negotiations <br />may be undertaken for the purpose of revising, adding to or striking any provision <br />or provisions of this Agreement which appear unworkable or insufficient to perfect, <br />maintain, and ensure the purpose of this Agreement. Any change to the original <br />provisions of this Agreement mutually acceptable to both parties shall be written <br />and attached to this Agreement as provided above and any such revision, addition, <br />or deletion shall only apply to the provision so revised, added, or deleted and the <br />remainder of this Agreement shall remain in full force and effect. <br />
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