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CC PACKET 07092024
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CC PACKET 07092024
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7/8/2024 10:40:43 AM
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5 <br />12.Force Majeure. If a force majeure event occurs, neither party is responsible for a failure <br />to perform or a delay in performance due to the force majeure event. A force majeure <br />event is an event beyond a party’s reasonable control, such as unusually severe weather, <br />fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health <br />emergencies. <br />13.Records. All records kept by the County and Council with respect to the Combined <br />Project are subject to examination by representatives of each party. All data collected, <br />created, received, maintained or disseminated for any purpose by the County and Council <br />under this Agreement are governed by Minnesota Statutes, Chapter 13 (“Act”), and the <br />Minnesota Rules implementing the Act. <br />14.Audit. Under Minnesota Statutes, Section 16C.05, subdivision 5, the parties agree that <br />the books, records, documents, and accounting procedures and practices relevant to this <br />Agreement are subject to examination by either party and the state auditor or legislative <br />auditor, as appropriate, for at least six years from the end of this Agreement. <br />15.Notice. Any notice or demand, which may or must be given or made by a party hereto, <br />under the terms of this Agreement or any statute or ordinance, shall be in writing and <br />shall be sent registered or certified mail to the other party addressed as follows: <br />TO CITY:City Manager <br />City of St. Anthony Village <br />3301 Silver Lake Road <br />St. Anthony, MN 55418 <br />TO COUNTY:Hennepin County Administrator <br /> 2300A Government Center <br />Minneapolis, MN 55487 <br />copies to:County Assessor <br />Hennepin County <br />2103A Government Center <br />Minneapolis, MN 55487 <br />Any party may designate a different addressee or address at any time by giving written <br />notice thereof as above provided. Any notice, if mailed, properly addressed, postage <br />prepaid, registered or certified mail, shall be deemed dispatched on the registered date <br />or that stamped on the certified mail receipt and shall be deemed received within the <br />second business day thereafter or when it is actually received, whichever is sooner. <br />Any notice delivered by hand shall be deemed received upon actual delivery. <br />16.Amendment. Any modifications to this Agreement will be in writing as a formal <br />amendment. <br />29
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