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Resolution 9800
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Resolution 9800
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Last modified
1/28/2025 4:55:44 PM
Creation date
8/15/2023 2:19:26 PM
Metadata
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Template:
MV Commission Documents
Commission Name
City Council
Commission Doc Type
Resolutions
MEETINGDATE
8/14/2023
Commission Doc Number (Ord & Res)
9800
Supplemental fields
City Council Document Type
Resolutions
Date
8/14/2023
Resolution/Ordinance Number
9800
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Party sends same to the other Parties. However, this Agreement will become effective only upon the <br />execution of the Agreement by all of the Parties. <br />16. ATTORNEYS' FEES. The Parties shall bear their own costs of suit, consultant fees, <br />engineering fees, expert fees, attorneys' fees, and other costs and expenses, of every kind or character, <br />arising out of or relating in any way to this Agreement and the Released Claims. <br />17. NOTICES. All Notices permitted or required to be given under this Agreement shall be in <br />writing and will be deemed sufficient if and when: (A.) hand delivered; (B.) sent via nationally - <br />recognized express / overnight carrier; (C.) placed in the United States Postal Service Mail postage <br />prepaid or by registered or certified mail, return receipt requested, postage and registration or <br />certification charges prepaid; (D.) sent via facsimile if sent during regular business hours between <br />9:00 A.M. and 5:00 P.M. Central Standard Time ("CST") / Central Daylight Time ("CDT") with <br />proof of delivery and transmission; or (E.) sent via e-mail if sent during regular business hours <br />between 9:00 A.M. and 5:00 P.M. CST / CDT with proof of delivery and transmission, addressed as <br />follows to the following persons / entities: <br />If to Mounds View: <br />City of Mounds View <br />City Hall <br />2401 County Road 10 <br />Mounds View, Minnesota 55112 <br />ATTN: Nyle Zikmund, City Administrator <br />If to AE2S INC. and/or AE2S LLC: <br />With a copy to: <br />Michelle Ellen Weinberg, Esquire <br />Kennedy & Graven, Chartered <br />150 South 5 h Street, Suite #700 <br />Minneapolis, Minnesota 55402 <br />Advanced Engineering and Environmental Services, LLC Steven J. Sheridan, Esquire <br />4050 Garden View Drive, Suite #200 Fisher, Bren & Sheridan, LLP <br />Grand Forks, North Dakota 58201 920 2nd Avenue S., Suite #975 <br />ATTN: Jonathan L. Sickler, Chief Legal Officer Minneapolis, Minnesota 55402 <br />18. DEFINITIONS AND HEADINGS. All capitalized terms shall have the definitions set forth <br />in this Agreement. <br />The Section Headings as used herein are inserted as a matter of convenience and reference only. <br />The Headings of the various Sections of this Agreement have been included only in order to make <br />it easier to locate the subject matter covered by each provision. The Headings shall not be deemed <br />to: (A.) vary the content of this Agreement or the covenants, agreements and/or representations set <br />forth herein; (B.) in any way affect the terms and provisions hereof, and (C.) define, limit and/or <br />describe the provisions, scope and/or intent of any Section herein. Further, they are not to be used <br />in construing this Agreement and/or in ascertaining its meaning. <br />19. GENERAL INTERPRETATION. Where the context of this Agreement requires, the use <br />herein of the singular number shall be deemed to mean the plural, and the plural number shall be <br />7 <br />
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