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07/28/2008 Council Packet
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07/28/2008 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/28/2008
Council Meeting Type
Regular
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19 NOTICES <br />Except as otherwise stated in this Agreement, all notice or demand to be given under this <br />Agreement shall be delivered in person or deposited in United States Certified Mail, <br />Return Receipt Requested. Any notices or other communications shall be addressed as <br />follows: <br />To City To Provider: <br />20 WAIVER <br />Any fault of a party hereto to assert any right under this Agreement shall not constitute a <br />waiver or a termination of that right, this Agreement, or any of this Agreement's <br />provisions. <br />21 SURVIVAL OF OBLIGATIONS <br />21.1 The respective obligations of the City and Provider under these terms and conditions, <br />which by their nature would continue beyond the termination, cancellation, or expiration <br />hereof, shall survive termination, cancellation or expiration hereof. <br />21.2 If a court or governmental agency with proper jurisdiction determines that this <br />Agreement, or a provision herein is unlawful, this Agreement or that provision., shall <br />terminate. If a provision is so terminated but the parties hereto legally, commercially, and <br />practicably can continue this Agreement without the terminated provision, the remainder <br />of this Agreement shall continue in effect. <br />22 INTERPRETATION OF AGREEMENT <br />This Agreement shall be interpreted and construed according to the laws of the State of <br />Minnesota. <br />23 FORCE MAJEURE <br />Neither the City nor the Provider shall be held responsible for performance if its <br />performance is prevented by acts or events beyond the party's reasonable control, <br />including, but not limited to: severe weather and storms, earthquake or other natural <br />occurrences, strikes and other labor unrest, power failures, electrical power surges or <br />current fluctuations, nuclear or other civil military emergencies, or acts of legislative, <br />judicial, executive, or administrative authorities. <br />24 ENTIRE AGREEMENT <br />15 <br />• <br />• <br />
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