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<br /> St. Anthony-New Brighton School District Authorized Representative: <br /> Business Manager <br /> St. Anthony-New Brighton School District <br /> <br /> City of St. Anthony Authorized Representative: <br /> City Manager <br /> City of St. Anthony <br /> <br />VIII. Assignment. Except as specifically provided herein, the Parties shall not assign, transfer <br />or delegate any rights or obligations under this Agreement either directly or indirectly by any <br />means, by operation of law or otherwise without the prior written consent of the other Parties, <br />which consent shall not be unreasonably withheld or denied. <br /> <br />IX. Amendments. This Agreement contains all the terms agreed to by the Parties and any <br />promise or communications of any type not reflected in the Agreement are null and void. Any <br />amendments to this Agreement shall be in writing and shall be approved by the governing Board <br />of each party. <br /> <br />X. Governing Law. This Agreement shall be governed by the laws of the State of <br />Minnesota. <br /> <br />XI. Notices. All notices and other communications required or permitted hereunder shall be <br />given in writing and shall be: a) personally delivered; or b) sent to the Parties at their respective <br />addresses indicated here by registered or certified U.S. mail, return receipt requested and postage <br />prepaid, or by private overnight mail courier service. <br /> <br />If personally delivered, such communication shall be deemed delivered upon actual receipt; if <br />sent by overnight courier, such communication shall be deemed delivered upon receipt; and if <br />sent by U.S. mail, such communication shall be deemed delivered as of the date of delivery <br />indicated on the receipt issued by the relevant postal service. The Parties to this Agreement may <br />change their address for the purposes of this Agreement by giving notice thereof in accordance <br />with this section. <br /> <br />XII. Force Majeure. The Parties understand that acts of God, acts of civil or military <br />authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, fires, <br />explosions, earthquakes, floods or other unusually severe weather conditions or other <br />environmental disturbances, strikes, or other circumstances not under the control of the Parties <br />(“Force Majeure”) may delay performance as set forth in this Agreement. In the event a Force <br />Majeure event materially limits one or all of the Parties’ ability to perform under this Agreement <br />such limitation shall not be considered a breach of the terms of this Agreement. <br /> <br />XIII Liability. Each Party is liable to the other only to the extent the negligent actions or <br />inactions of one of the Parties proximately cause direct out-of-pocket costs to the other Party. <br />Neither Party is responsible for lost services, lost revenues, lost profits, indirect, consequential or <br />special damages or attorneys’ fees incurred by the other Party. <br />17