Agenda Packets - 1999/02/16 - Laserfiche WebLink

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Fib-06-99 03:43pm From-KENNEDY t GRAVEN +6123379310 T-201 P.06/11 F-556 If either party has a change of address,that party must give written notice tof a her party of such change as provided herein. Any party failing to providenotice ange of address shall be deemed to have received any notice sent as provided above. 2. Amendment, This Agreement may be modified or amended only upon the written consent of ETC and the City. 3. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties. No assignment or attempted assignment of this Agreement or of any rights hereunder shall be effective unless upon the written consent of ETC and the City.. 4. Authority. Each of the undersigned parties warrants it has the full authority to execute this Agreement. 5. Choice of Law and Venue;, This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes,controversies,or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota,and all parties to this Agreement waive any objection to the jurisdiction of these courts,whether based upon convenience or otherwise. 6. Construction. In the event that any one or more of the provisions of this Agreement,or any application thereof, shall be found to be invalid,illegal or otherwise unenforceable, the validity,legality, and enforceability of the remaining provisions in any application thereof shall not in any way be affected or impaired thereby. 7. Entire Atreement. This Agreement,any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and ETC,and supersedes any other written or oral agreements between and City and ETC. 8. Execution in Counterparts. This Agreement may be executed in counterparts by the parties hereto. 9. Waiver. No failure by any party to insist upon the strict performance of any covenant, duty,agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach[hereof�sh ll onditiotitute a waiver ofnor does it imply that such covenant,y such breach of anany other covenant,agreement,term, agreement,terra or condition may be waived again. 10. Work Product. All records, information,materials and other work products prepared and developed in connection with the provision of services hereunder shall become the exclusive and confidential property of the City. No such products shall be made available to any other individual or organization by ETC without the prior written approval of the City. Sig-i$5389 7 MU2U5.4