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CC RES 01-028 A RESOLUTION APPROVING STREET LIGHTING CONTRACT WITH EXCEL ENERGY (NORTHERN STATES POWER COMPANY) FOR THE 29TH AVENUE NE PROJECT
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CC RES 01-028 A RESOLUTION APPROVING STREET LIGHTING CONTRACT WITH EXCEL ENERGY (NORTHERN STATES POWER COMPANY) FOR THE 29TH AVENUE NE PROJECT
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RES 2001
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CC RES 01-028 A RESOLUTION APPROVING STREET LIGHTING CONTRACT WITH EXCEL ENERGY (NORTHERN STATES POWER COMPANY) FOR THE 29TH AVENUE NE PROJECT
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Outdoor Lighting Contract I <br /> 2. Indemnification. Buyer agrees that it shall indemnify and hold NSP fully harmless for any <br /> damages, losses,claims or actions, including actions grounded upon.contract, tort, <br /> negligence, strict liability, or environmental claims, which NSP incurs as a result of NSP's <br /> performance hereunder or use of same equipment by Buyer or any third party. <br /> Mr> <br /> 3. Force Majeure: Neither party shall be responsible for any delays in performance (other than <br /> payment for services rendered)based on an event of force majeure. The party experiencing <br /> the event of force majeure, shall promptly notify the other party of its inability to perform <br /> under the contract as a result of an event of force majeure. Following receipt of said notice <br /> --- by the other party, the obligations of each party(other than payment for service rendered), so <br /> far as they are affected by the event of force majeure, shall be suspended during, but not <br /> longer than, the continuance of the event of force majeure. The term "force majeure" as used <br /> herein shall mean an act of God, strike, declared war,civil unrest, public riot, fire, lightning, <br /> earthquake, storm, flood, explosion, government restraint, unavailability of equipment, and <br /> any other cause, whether of the kind expressly set forth herein or otherwise, which is not <br /> reasonably within the control of the party claiming the suspension. <br /> 4. Applicable Law. NSP shall comply with all applicable state and federal safety and health <br /> laws including, but not limited to, the Occupational Safety and Health Act of 1970(OSHA) <br /> • and all standards, rules, regulations and orders issued pursuant to such state and federal safety <br /> and health laws, and laws related to non-segregated facilities and equal employment <br /> opportunity (including the seven paragraphs appearing in Section 202 of Executive Order <br /> 11246, as amended). <br /> 5. Binding, Counterparts, Effectiveness, Notices. This agreement shall be binding upon the <br /> parties hereto and cannot be assigned, amended or modified except in writing agreed to by <br /> the parties. This Agreement may be executed in counterpart, and each such counterpart shall <br /> be deemed to be an original. <br /> 6. Governing Law. This agreement is governed by the laws of the State of Minnesota. <br /> i <br /> The parties agree that Buyer may issue its purchase order to NSP. Buyer's purchase order shall <br /> be used solely for the administrative convenience of the parties and shall not constitute a part <br /> ' hereof. <br /> This Agreement shall be effective upon signature of customer and NSP. A copy of this <br /> f Agreement shall be sent to the parties at the address indicated. <br /> I <br /> Page 3 of 3 <br />
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