Agenda Packets - 1999/02/16 - Laserfiche WebLink

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Feb-12-98 12:54pm From-KENNEDY & GRAVEN +8123379310 T-384 P.09/11 F-857 exclusive and confidential property of the City. No such products shall be made available to any other individual or organization by Waste without the prior written approval of the City. 11. Mutual Renegotiation. This Agreement may be renegotiated by the City and Waste upon mutual consent of both of the parties. Any such mutual renegotiations of this Agreement must be reduced to writing as either an amendment to this Agreement or as an entirely new agreement. 12. Understandin. and Intent of the Parties as to thi A_regiment.The City and Waste acknowledge that the City was the recipient of an end grant from the State of Minnesota, acting through its Commissioner of Children,Families and Learning,to be utilized for a portion of the renovation of the Community Center. The City and Waste intend and have found that this Agreement is for the purposes of promoting and in furtherance of the public health, safety and welfare of the City,and thereby represent that this Agreement is not intended to constitute a"Use Agreement" as that term is used by Minnesota Statutes, section 16A.695. Notwithstanding anything to the foregoing,the City does not make any representation or warranty concerning administrative or judicial interpretation of, or the applicability or lack thereof of,Minnesota Statutes,section 16A.695 to this Agreement. Waste hereby waives any claim for any damages or other relief against the City, and its officers, agents,and employees,arising from an action, whether successful or not, and regardless by whom initiated,brought regarding the applicability of Minnesota Statutes, section 16A.695. To the extent that Minnesota Statutes, section 16A.695 should be found to be applicable to this Agreement,by the State or a court of competent jurisdiction, such that it constitutes a Use Agreement,Waste and the City agree as follows: the City and Waste shall amend the agreement accordingly to conform to statutory requirements and shall file any reports required by Minnesota Statutes, Section 16A.695,with the appropriate department of the state of Minnesota. Further,the parties agree to undertake any and all actions to bring this Agreement into compliance with any other provision of requirement of law. ARTICLE VII: PERFORMANCE BOND AND INSURANCE PROVISIONS A. Performance Bond. The City reserves the right to require,in its discretion,that Waste post a bond, certificate of deposit, or other similar instrument approved by the City in an amount as the City reasonably deems to be adequate compensation for damages resulting from Waste's nonperformance of its obligations under this Agreement. B. Insurance. Waste will maintain in full force and effect, at its own cost and expense during the term of the this Agreement the following insurance coverage: 1. Commercial General Liability Insurance with limits as follows: $1,000,000 each occurrence; silt-156945 8 MU305.4