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<br /> <br />Page 6 of 15 <br />Version 2022.1 Muni <br />under this Agreement during the term of such event and for a reasonable time thereafter. The collection <br />or disposal of any increased volume resulting from a flood, hurricane or similar or different Act of God <br />over which Company has no control, shall not be included as part of Company’s service under this <br />Agreement. In the event of increased volume due to a Force Majeure event, Company and the City shall <br />negotiate the additional payment to be made to Company. Further, the City shall grant Company <br />variances in routes and schedules as deemed necessary by Company to accommodate collection of the <br />increased volume of Waste Materials. <br /> <br />17. Non-Discrimination. Company shall not discriminate against any person because of race, sex, age, <br />creed, color, religion or national origin in its performance of Services under this Agreement. <br /> <br />18. Licenses and Taxes. Company shall obtain all licenses and permits (other than the license and permit <br />granted by this Agreement) and promptly pay all taxes required by the City and by the State. <br /> <br />19. No Guarantees or Liquidated Damages. Unless specifically provided herein, Company provides no <br />guarantees or warranties with respect to the Services. No liquidated damages or penalties may be <br />assessed against Company by City. <br /> <br />20. Performance Bond. The Company shall provide a performance bond in the case of the Company's <br />failure to perform contracted services. The performance bond shall be for a minimum of $500,000. <br />The responsibility for renewal is the responsibility of the Company. The performance bond shall be <br />executed by a corporate surety company authorized to d o business in the State of Minnesota. This <br />Agreement shall be subject to termination by the City at any time if the performance bond shall be <br />cancelled for whatever reason. <br /> <br />20. Miscellaneous. (a) This Agreement represents the entire agreement between the Parties and supersedes <br />all prior agreements, whether written or verbal, that may exist for the same Services. (b) Company shall <br />have no confidentiality obligation with respect to any Waste Materials. (c) Neither party shall assign this <br />Agreement in its entirety without the other party’s prior written consent, which consent shall not be <br />unreasonably withheld. Notwithstanding the foregoing, Company may assign this Agreement without <br />the City’s consent to its parent company or any of its subsidiaries, to any person or entity that purchases <br />any operations from Company or as a collateral assignment to any lender to Company. This Agreement <br />shall be binding upon and inure solely to the benefit of the Parties and their permitted successors and <br />assigns. (d) Company may provide any of the Services covered by this Agreement through any of its <br />affiliates or subcontractors, provided that Company shall remain responsible for the performance of all <br />such services and obligations in accordance with this Agreement. (e) No intellectual property rights in <br />any of Company’s IP are granted to City under this Agreement. (f) All provisions of the Agreement <br />shall be strictly complied with and conformed to by the Parties, and this Agreement shall not be <br />modified or amended except by written agreement duly executed by the undersigned parties. (g) If any <br />provision of this Agreement is declared invalid or unenforceable, it shall be modified so as to be valid <br />and enforceable but so as most nearly to retain the intent of the Parties. If such modification is not <br />possible, such provision shall be severed from this Agreement. In either case, the validity and <br />enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. <br />(h) Failure or delay by either party to enforce any provision of this Agreement will not be deemed a <br />waiver of future enforcement of that or any other provision. (i) If any litigation is commenced under this <br />Agreement, the successful party shall be entitled to recover, in addition to such other relief as the court <br />may award, its reasonable attorneys’ fees, expert witness fees, litigation related expenses, and court or <br />other costs incurred in such litigation or proceeding. (j) This Agreement shall be interpreted and <br />governed by the laws of the State where the Services are performed. (k) Customer and Company agree <br />that electronic signatures are valid and effective, and that an electronically stored copy of this <br />Agreement constitutes proof of the signature and contents of this Agreement, as though it were an <br />original.