CC WORKSESSION 05042015 - Laserfiche WebLink

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SECTION C MAINTENANCE RESPONSIBILITIES 1. Maintenance and upkeep of the Improvements after completion shall be in accordance with existing policies and responsibilities in place prior to construction of the Improvements. SECTION D MISCELLANEOUS PROVISIONS 1. Compliance with Laws. The parties agree to comply with all laws, ordinances and regulations of Minnesota applicable to this Agreement and the construction of the Improvements. This Agreement shall be construed and enforced according to the laws of Minnesota. 2. Indemnification. Each party will be responsible for claims and damages resulting from the acts, errors and omissions of its officers, employees and agents and will defend and indemnify the other party for any such claims; provided, however, that nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled under Minnesota Statutes, Chapter 466, or otherwise. 3. Notices. Any notices or correspondence required to be given under this Agreement or any statute or ordinance shall be in writing and shall be deemed to be given if delivered personally or mailed postage- prepaid by certified mail, return receipt requested: a. As to Columbia Heights: b. As to Saint Anthony City of Columbia Heights 590 40' Avenue NE Columbia Heights, MN 55112 ATTN: City Manager City of Saint Anthony 3301 Silver Lake Road Saint Anthony, MN 55418 ATTN: City Manager or at such other address as either party may, from time to time, notify the other in writing in accordance with this paragraph. 4. Severabilitv. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 5. Nonwaiver. If either party waives any default or non - performance by the other party in writing, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 6. Preamble and Recitals. The preamble and recitals set forth on page one of this Agreement are incorporated into and made a part of this Agreement.