06-27-2000 Council Agenda - Laserfiche WebLink

Home Browse Search

Outdoor Lighting Contract 2. Indemnification. Buyer agrees that it shall indemnify and hold NSP fully harmless for any damages, losses, claims or actions, including actions grounded upon contract, tort, negligence, strict liability, or environmental claims, which NSP incurs as a result of NSP's , -\ performance hereunder or use of same equipment by Buyer or any third party. 3. Force Majeure: Neither party shall be responsible for any delays in performance (other than payment for services rendered) based on an event of force majeure. The party experiencing the event of force majeure, shall promptly notify the other party of its inability to perform under the contract as a result of an event of force majeure. Following receipt of said notice by the other party, the obligations of each party (other than payment for service rendered), so far as they are affected by the event of force majeure, shall be suspended during, but not longer than, the continuance of the event of force majeure. The term "force majeure" as used herein shall mean an act of God, strike, declared war, civil unrest, public riot, fire, lightning, earthquake, storm, flood, explosion, government restraint, unavailability of equipment, and any other cause, whether of the kind expressly set forth herein or otherwise, which is not reasonably within the control of the party claiming the suspension. 4. Applicable Law. NSP shall comply with all applicable state and federal safety and health laws including, but not limited to, the Occupational Safety and Health Act of 1970 (OSHA) and all standards, rules, regulations and orders issued pursuant to such state and federal safety and health laws, and laws related to non - segregated facilities and equal employment opportunity (including the seven paragraphs appearing in Section 202 of Executive Order 11246, as amended). 5. Binding, Counterparts, Effectiveness, Notices. This agreement shall be binding upon the parties hereto and cannot be assigned, amended or modified except in writing agreed to by the parties. This Agreement may be executed in counterpart, and each such counterpart shall be deemed to be an original. 6. Governing Law. This agreement is governed by the laws of the State of Minnesota. The parties agree that Buyer may issue its purchase order to NSP. Buyer's purchase order shall be used solely for the administrative convenience of the parties and shall not constitute a part hereof. This Agreement shall be effective upon signature of customer and NSP. A copy of this Agreement shall be sent to the parties at the address indicated. Page 21