10-25-2006 Council Agenda - Laserfiche WebLink

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SECTION 10.04. Waivers and Amendments This Agreement may be amended, superseded, renewed or extended, and its terms or covenants hereof may be waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by any party of the breach of any term or covenant contained in this Agreement or in any other such instrument, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any breach, or a waiver of the breach of any other term or covenant contained herein. SECTION 10.05. Counterparts This Agreement may be executed in two or more counterparts, each of which may be deemed an original but together shall constitute but one and the same instrument. SECTION 10.06. Force Maieure Neither party shall be held responsible for performance of this Agreement if the party's performance is prevented by acts or events beyond the party's reasonable control including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive or administrative authorities. SECTION 10.07. Venue The parties agree that this Agreement shall be enforceable in Ramsey County, Minnesota, and if legal action is necessary to enforce it, exclusive venue shall lie in Ramsey County, Minnesota. V:\ Engineezing\BTSCHIDA\Agieements \Water Sezvice\Little Canada Little Canada_10- 18- 06.doc 13 - 1 4 -