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CC WS PACKET 02082022
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CC WS PACKET 02082022
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9 <br />E-mail: <br />Attention: <br />Notices sent in accordance with this Section 13.6 will be deemed effectively given:(a)when <br />received,if delivered by hand,with signed confirmation of receipt;(b)when received,if sent by a <br />nationally recognized overnight courier,signature required;(c)when sent,if by email,(with <br />confirmation of transmission),if sent during the addressee’s normal business hours,and on the next <br />business day,if sent after the addressee’s normal business hours;and (d)on the fifth day after the <br />date mailed by certified or registered mail, return receipt requested, postage prepaid. <br />13.7.Amendment and Modification; Waiver.No amendment to or modification of this <br />Agreement is effective unless it is in writing and signed by each party.No waiver by any party of any of <br />the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so <br />waiving. <br />13.8.Severability.If any provision of this Agreement is invalid,illegal or unenforceable in any <br />jurisdiction,such invalidity,illegality or unenforceability shall not affect any other term or provision of this <br />Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.Upon <br />such determination that any term or other provision is invalid,illegal or unenforceable,the parties hereto <br />shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as <br />closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby <br />be consummated as originally contemplated to the greatest extent possible. <br />13.9.Governing Law; Venue.This Agreement shall be governed by and construed and <br />enforced in accordance with the laws of the State of Wisconsin.The parties submit all of their disputes <br />arising out of or in connection with this Agreement to the exclusive jurisdiction of the state and/or federal <br />courts located in Dane County, the State of Wisconsin. <br />13.10.Waiver of Jury Trial.Each party irrevocably and unconditionally waives any right it may <br />have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the <br />transactions contemplated hereby. <br />13.11.Equitable Relief.Customer acknowledges and agrees that a breach or threatened <br />breach by Customer of any of its obligations under Section 3.2 or Section 6 would cause Polco <br />irreparable harm for which monetary damages would not be an adequate remedy and agrees that,in the <br />event of such breach or threatened breach,Polco will be entitled to equitable relief,without any <br />requirement to post a bond.Such remedies are in addition to all other remedies that may be available at <br />law, in equity or otherwise. <br />13.12.Counterparts.This Agreement may be executed in counterparts,including by facsimile or <br />pdf,each of which shall be deemed to be an original,but all of which,taken together,shall constitute one <br />and the same agreement. <br />14. Insurance Requirements <br />14.1 Comprehensive General Liability, The Consultant shall procure and keep in force during the <br />duration of this contract a policy of Comprehensive General Liability insurance with a combined <br />single limit of at least $1,000,000 each occurrence and $2,000,000 aggregate <br />Policies described above shall be for the mutual and joint benefit and protection of the <br />Consultant and the Client.
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