Agenda Packets - 2000/03/27 - Laserfiche WebLink

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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 construed in accordance with and governed by 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 therefor shall not in any way be affected or impaired thereby. 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 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 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 provisions 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. 11. Mutual Renegotiation. This Agreement may be renegotiated by the City and ETC 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. Understanding and Intent of the Parties as to this Agreement. The City and ETC 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 ETC intend and have