11-22-2021 Council Packet - Laserfiche WebLink

Home Search

5 9.3 Prior to beginning operations under this Agreement, EF shall provide City with certificates of insurance noting the above required coverages and noting the City as an additional insured prior to commencement of the Agreement. All policies required of EF shall be issued by companies authorized to do business in the State of Minnesota. All insurance policies shall be primary insurance and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising from EF’s performance under this Agreement. All policies and certificates of insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ written notice for non-payment of premium. Section Ten Default 10.1 When a party fails to timely make any payment due hereunder or breaches any of the material terms hereof, such party shall be in default. 10.2 If a default occurs, the non-defaulting party must notify the defaulting party in writing by certified mail or hand delivered letter within ten (10) days the nature of the default. The defaulting party shall have fifteen (15) days from receipt of the written notice to remedy the default, unless the default presents a danger to the Facility, the public, employees of EF, or any other danger. Such defaults that present a danger to the Facility, the public, employees of EF or any other danger, must be corrected within twenty-four (24) hours. 10.3 Upon failure of the defaulting party to remedy the default within the time prescribed the non-defaulting party may terminate this Agreement. 10.4 Upon termination of this Agreement the non-defaulting party may pursue all remedies available to it under the terms hereof and under any applicable law. Section Eleven Applicable Law 11.1 This Agreement shall be governed by the laws of the State of Minnesota. The prevailing party in any such proceeding shall be entitled to recover its costs and reasonable attorney fees including collection costs. Section Twelve Indemnification 12.1 Each party shall indemnify and hold harmless the other party, its directors, officers, employees, agents, successors, and assigns from all damages, costs, expenses and liabilities, including reasonable attorney’s fees and disbursements incurred in connection with the indemnifying party’s failure to perform its obligations and duties under this Agreement.