Agenda Packets - 1999/02/16 - Laserfiche WebLink

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Fob-12-99 12:53pm From-KENNEDY & GRAVEN +6123379310 T-384 P.08/11 F-857 If either party has a change of address,that party must give written notice to the other party of such change as provided herein. Any party failing to provide.notice of a change 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 Waste 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 Waste and the City. 4. Authority. tach of the undersigned parties warrants it has the full authority to execute this Agreement. S. 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; Modification. In the event that any one or more of the provisions of this Agreement,or any applicationrthereof, 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.The parties agree that should this Agreement be found to be contrary to any applicable law or regulation by a court or agency with proper jurisdiction,the Agreement shall be amended and d modified by the parties to comply with the applicable law or regulation. 7. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and Waste, and supersedes any other written or oral agreements between and City and Waste. 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 thereof, shall constitute a waiver of any such breach of any other covenant, agreement,term, or condition,nor does it imply that such covenant, agreement,term 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 SJR-156945 7 MU205-4