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10/24/2017
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10/24/2017
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10/23/2017 9:41:04 AM
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10/19/2017 1:37:20 PM
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City Council
Document Type
Council Agenda/Packets
Meeting Date
10/24/2017
Meeting Type
Regular
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D. Savings Clause. If any court finds any portion of this Agreement to be contrary to law or <br />invalid, the remainder of the Agreement will remain in full force and effect. <br />E. Waivers. The waiver by either party of any breach or failure to comply with any <br />provision of this Agreement by the other party shall not be construed as, or constitute a <br />continuing waiver of such provision or a waiver of any other breach of or failure to <br />comply with any other provision of this Agreement. <br />F. No Waiver by City. By entering into this agreement, the City does not waive its <br />entitlement to any immunity under statute or common law. <br />G. Termination. Either party may terminate this agreement at any time for any reason. If the <br />contract is terminated early, the City will pay a prorated fee for services performed to date. <br />7. Complete Agreement <br />This agreement and all amendments and exhibits hereto specifically signed and incorporated <br />herein, constitutes the entire agreement between the parties and supersede any and all other <br />agreements, either oral or in writing. By signing below, each party acknowledges that they have <br />read and understand this agreement and that no representation, inducement, promise or <br />agreement oral or otherwise, has been made by any party, which is not embodied within. This <br />agreement shall be construed as objectively in the light of its overall purpose, which is to provide <br />the services herein for compensation. Neither the souse nor the authorship of this agreement shall <br />cause bias or presumption in the constitution or interpretation of this agreement. Any changes to <br />the terms or conditions of this agreement are not binding unless in writing and signed by both <br />parties hereto. <br />8. Notices <br />Notices under this contract shall be reserved on the parties by certified mail at the following <br />addresses: <br />City: <br />City of Lauderdale <br />1891 Walnut St. <br />Lauderdale, MN 55113 <br />Contractor: <br />8th Day Landscaping <br />1965 Margaret St N <br />N. St. Paul, MN 55109 <br />In witness thereof, the parties hereto have executed this agreement the day and year first <br />written above. <br />By: <br />Heather Butkowski, Lauderdale City Administrator <br />By: <br />Daniel Alfred Owner/Operator <br />8th Day Landscaping <br />
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