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L Terms and Conditions
<br /> The term of this contract shall be for a period of 7 months commencing on 5/1/2013 and terminating on 11/30/2013.The time
<br /> performance of any portion of the obligations of Village Green Landscapes under this agreement shall be of the essence,subject
<br /> only to delay caused by or contributed to by act of the Client,it's agents or employees,labor disputes,fire,unavoidable casualties,
<br /> act of God,or action or non-action of public utilities,or of Local,State,or Federal government affecting the progress of said work.
<br /> Villag�i Minimum
<br /> Landscapes shall fully insure itself against any and all liability which it may have under the Worker's Compensation
<br /> Law,general liability and automobile liability coverage's. Village Green Landscapes shall furnish a Certificate of Insurance,naming
<br /> the City of New Brighton as Additionally insured prior to beginning work.Village Green shall maintain general commercial liability
<br /> and automobile liability insurance in the amount of at least$1,500,000 per occurrence. Village Green shall indemnify the City,its
<br /> officers,employees and agents from any claims arising out of acts or errors of Village Green in performing this Agreement Nothing
<br /> herein shall be deemed a waiver of the limits of liability set forth in Minnesota Statutes,Chapter 466.
<br /> Citylakfazaktal
<br /> of ghton agrees to pay Village Green Landscapes in full within 30 days of date of invoice. Payments not received within
<br /> such 30 day period will be charged a service charge of(2%)per month. Any increase in taxes or other regulations that become
<br /> effective during the term of this agreement shall be passed on to City of New arignton. City of New Brighton shall pay Village
<br /> Green Landscapes 7 equal monthly payments of$7,039.43. This price does not indude applicable sales tax.
<br /> IV.Force Mai`urt
<br /> Village Green Landscapes shall not be liable to City of New Brighton for any damages to City of New Brighton's property,personal
<br /> injuries,or other liability arising outside of Village Green Landscapes control induding but not limited to,vandalism,flood,rain,fire,
<br /> wind,heavy snow,freezing,strikes,lack of salt availability,other natural causes,acts of God or acts of persons other than Village
<br /> Green Landscapes'employees or agents.
<br /> V.Severability
<br /> In the event that any one or more of the provisions contained in this Agreement shall be invalid,illegal or unenforceable for any
<br /> reason or in any respect,such invalidity,illegality or unenforceability shall not effect any other provision in this Agreement.
<br /> GtyCi y of Brightongh may terminate this agreement without cause by giving Village Green Landscapes written notice of intent to
<br /> terminate with 15 days notice. Village Green Landscapes reserves the right to terminate this Agreement,without cause. After such
<br /> termination,Village Green Landscapes shall have no further obligation to provide services or perform the work described herein,
<br /> provided however,that termination by Village Green Landscapes shall not effect any remedy or remedies for payment or otherwise
<br /> which Village Green Landscapes is legally entitled.In any litigation brought by either party to enforce the terms of this contract,the
<br /> prevailing party shall be entitled to payment by the other party of all costs and expenses,including reasonable attomey's fees
<br /> incurred or expended in such action. Upon cancellation,the Village Green Landscapes shall adjust final billing to reflect unpaid
<br /> costs.
<br /> VIL Complete Agreement
<br /> This Agreement and all Amendments and Exhibits hereto specifically signed and incorporated herein,constitute the entire
<br /> Agreement between the parties and supersede any and all other agreements,either oral or in writing. By signing below,each party
<br /> acknowledges that they have read and understand this Agreement and that no representation,inducement,promise or agreement
<br /> oral or otherwise,has been made by any party,which is not embodied within. This Agreement shall be construed objectively in the
<br /> light of it's overall purpose,which is to provide the services herein for compensation. Neither the source nor the authorship of this
<br /> Agreement shall cause any bias or presumption in the constitution or interpretation of this Agreement.Any changes to the terms or
<br /> conditions of this agreement are not binding unless in writing and signed by both parties hereto.
<br /> Malan
<br /> Village shall be an independent contractor and is not an employee or agent of the City for any purpose.
<br /> Notices this Contract shall be reserved on the parties by certified mail at the following address:
<br /> Ctionts Contractor:
<br /> City of New Brighton Village Green Landscapes
<br /> 520 Front Avenue
<br /> New Brighton,Mn 55112 St.Paul,MN 55117
<br /> In willows t ifteel,the pates hereto here mated this Apemen,the day and year Mid written above.
<br /> BY: By: M Awe
<br /> Dave Jacobsen Jerry Ford
<br /> Mayor President
<br /> wwwNillagegreenlandscapes.com Page 4 4/16/2013
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