03-22-2006 Council Agenda - Laserfiche WebLink

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To SUBSCRIBER: 8.7 Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under this Agreement. The appropriate venue and jurisdiction for any litigation hereunder will be the state or federal courts located within the County of Ramsey, State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 8.8 Mediation COUNTY and SUBSCRIBER agree to submit all claims and disputes between the parties arising out of or relating to this Agreement to the Subscriber Policy Group. If the Subsystem Policy Group can not reach a resolution, the COUNTY and SUBSCRIBER agree to submit the claim or dispute to mediation. The mediation shall be conducted through a mutually agreed upon mediator. The parties shall decide whether mediation shall be binding or non- binding. If the parties cannot reach agreement on this issue, mediation shall be non- binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 8.9 Force Majeure Neither party shall be liable to the other for any loss, damage, failure, delay or breach in rendering any services or performing any obligations hereunder to the extent such failure, delay or breach results from any cause or event beyond the control of the party being released hereby ( "Force Majeure"), including, without limitation, fire or other casualty, acts or threatened acts of terrorism, pestilence or epidemic, strike or labor dispute, war or other violence, acts or inaction of any governmental authority, or any other cause beyond the reasonable control of the party. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non- performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease. 8.10 Nothing herein shall preclude the Ramsey County Board of Commissioners from exercising its full authorities in relation to this Agreement. WHEREFORE, this Agreement is duly executed on the last date written below. RAMSEY COUNTY SUBSCRIBER NAME* By: David Twa, County Manager its: Date: Date: Approved as to form and insurance: Assistant County Attorney Purchase Order or Aspen Vendor Contract Number: Funds are available Account Number: 800 MHz Subsystem Subscriber Agreement -enter name ofenay?7nie; time period 9 of 12a-2- 1