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09-11-1995 CC
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09-11-1995 CC
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MV City Council
City Council Document Type
City Council Packets
Date
9/11/1995
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9. SEVERABILITY. It is agreed by the parties that if any part. term or provision of this agreement is held by the courts to <br /> be illegal or in conflict with any law or the state or federal government, the validity of the remaining portions or provisions <br /> shall not be affected. and the rights and obligations of the parties shall be construed and enforced as if the agreement did <br /> not contain the particular part. term or provision held to be invalid. <br /> 10. INDEMNIFICATION. City agrees to indemnify and hold harmless Metro-Test. its agents. customers and employees <br /> against except such claims arising out of Metro-Test's sole negligence asserted against Metro-Test hereto: <br /> a. by any other party or entity. or <br /> b. by any agent or employee of the City <br /> METRO-TEST agrees to indemnify and hold harmless City against any liability in connection with this agreement. to the <br /> extent attributable to the sole wrongful act or negligence of Metro-Test. <br /> 11. GOVERNING LAW. JURISDICTION. AND VENUE. This agreement shall be deemed to be an agreement made <br /> under the laws of the state of Minnesota and any legal action arising out of this agreement shall be brought in Hennepin <br /> County. Minnesota. <br /> 12. LIMITATIONS ON ACTION. Legal actions relating to the performance under this agreement may be brought no later <br /> than two years from the date the cause of actions accrues. <br /> 13. SURVIVAL OF TERMS. All provisions relating to warranties and indemnification contained in this agreement shall <br /> survive termination of this agreement for a period of six years after the date of termination. <br /> IN WITNESS WHEREOF. the parties have executed this Agreement by their duly authorized representatives the day and <br /> year first above written. in duplicate. <br /> Kerr Transportation Services. Inc. City: CITY OF MOUNDS VIEW <br /> dba Metro-Test <br /> By Title BY Title <br />
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