Agenda Packets - 2023/08/14 - Laserfiche WebLink

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16. ATTORNEYS' FEES. The Parties shall bear their own costs of suit, consultant fees, engineering fees, expert fees, attorneys' fees, and other costs and expenses, of every kind or character, arising out of or relating in any way to this Agreement and the Released Claims. 17. NOTICES. All Notices permitted or required to be given under this Agreement shall be in writing and will be deemed sufficient if and when: (A.) hand delivered; (B.) sent via nationally - recognized express / overnight carrier; (C.) placed in the USPS Mail postage prepaid or by registered or certified mail, return receipt requested, postage and registration or certification charges prepaid; (D.) sent via facsimile if sent during regular business hours between 9:00 A.M. and 5:00 P.M. Central Standard Time ("CST") / Central Daylight Time ("CDT") with proof of delivery and transmission; or (E.) sent via e-mail if sent during regular business hours between 9:00 A.M. and 5:00 P.M. CST / CDT with proof of delivery and transmission, addressed as follows to the following persons / entities: If to Mounds View: City of Mounds View City Hall 2401 County Road 10 Mounds View, Minnesota 55112 ATTN: Nyle Zikmund, City Administrator If to AE2S INC. and/or AE2S LLC: With a copy to: Michelle Ellen Weinberg, Esquire Kennedy & Graven, Chartered 150 South 5tn Street, Suite #700 Minneapolis, Minnesota 55402 Advanced Engineering and Environmental Services, LLC Steven J. Sheridan, Esquire 4050 Garden View Drive, Suite #200 Fisher, Bren & Sheridan, LLP Grand Forks, North Dakota 58201 920 2nd Avenue S., Suite #975 ATTN: Jonathan L. Sickler, Chief Legal Officer Minneapolis, Minnesota 55402 18. DEFINITIONS AND HEADINGS. All capitalized terms shall have the definitions set forth in this Agreement. The Section Headings as used herein are inserted as a matter of convenience and reference only. The Headings of the various Sections of this Agreement have been included only in order to make it easier to locate the subject matter covered by each provision. The Headings shall not be deemed to: (A.) vary the content of this Agreement or the covenants, agreements and/or representations set forth herein; (B.) in any way affect the terms and provisions hereof; and (C.) define, limit and/or describe the provisions, scope and/or intent of any Section herein. Further, they are not to be used in construing this Agreement and/or in ascertaining its meaning. 19. GENERAL INTERPRETATION. Where the context of this Agreement requires, the use herein of the singular number shall be deemed to mean the plural, and the plural number shall be deemed to mean the singular. Any references to gender, shall be deemed to mean whichever is appropriate under the circumstances of the usage. 7