12-07-2020 Council Packet - Laserfiche WebLink

Home Search

Page 2 of 2 Rev. 3/2020 damages in advance. Notwithstanding anything contained in this Agreement to the contrary, should VENDOR be found liable for any losses hereunder for any reason, the sole and exclusive remedy of Customer, whether in contract or tort, shall be limited to Customer’s actual and direct damages, and shall in no event exceed Two Hundred and Fifty Thousand Dollars ($250,000.00), such amounts to be inclusive of any defense costs. 10. Safe Work Environment. VENDOR agrees to maintain a safe work environment and to follow all safety regulations relating to the services being provided, subject to the disclaimer of warranties in this Agreement. Customer agrees to provide VENDOR with a safe environment and to provide information on anything within the building that could pose a hazard to VENDOR employees such as asbestos, hazardous chemicals, etc. 11. Storage Area. Customer agrees to provide storage space, and access to water for product dilution dispensing. 12. Non-Solicitation. Both parties agree that they will not directly or indirectly hire personnel from the other party's employment during and for up to one year after the termination of this agreement, unless agreed upon in writing by both parties. In the event that such mutual consent is not obtained, the hiring party hereby agrees to compensate the other part in the amount of thirty- three percent (33%) of the annualized wages of the person hired payable before start date. 13. Force Majeure. VENDOR shall not be liable or responsible for providing the Microbial Preventative Services, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond VENDOR’S reasonable control, including, without limitation, the following events: (a) acts of God; (b) flood, fire, earthquake, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action or orders by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; or (i) shortage of adequate power or transportation facilities. 14. Assignment. All of the rights, benefits, duties, liabilities and obligations of the parties shall inure to the benefit of and be binding upon the parties’ respective successors and assigns. 15. Modification. No provision of this Agreement shall be modified, waived, or discharged unless such waiver, modification or discharge is agreed to in writing signed by parties hereto. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter of this Agreement have been made by either party which are not set forth expressly in this Agreement. 16. Governing Law. This Agreement shall be interpreted, enforced and governed in accordance with the law of the state in which Customer’s facility is located as identified in Paragraph 1 of this Agreement. Marsden Bldg Maintenance, LLC By: _____________________________ It’s: David Ketcham, Vice President of Business Development Date: ___________________________ City of Lino Lakes By: _____________________________ It’s:_____________________________ Date: ___________________________ BY Page 27 of 30