Laserfiche WebLink
Metropolitan Council No. 20I008 <br /> attachments to this Agreement are incorporated into the Agreement. If there is a conflict between <br /> the terms of this Agreement and any of the exhibits the Agreement governs. <br /> 8. The provisions of this Agreement are severable. If a court finds any part of this <br /> Agreement void, invalid, or unenforceable, it will not affect the validity and enforceability of the <br /> remainder of this Agreement. A waiver by a party of any part of this Agreement is not a waiver of <br /> any other part of the Agreement or of a future breach of the Agreement. <br /> 9. Any modifications to this Agreement will be in writing as a formal amendment. <br /> 10. This Agreement is binding upon and for the benefit of the parties and their <br /> successors and assigns. This Agreement is not intended to benefit any third-party. <br /> 11. Except as otherwise provided for in this Agreement, the Agreement may be <br /> terminated by the mutual agreement of the parties. <br /> 12. If a force majeure event occurs, neither party is responsible for a failure to perform <br /> or a delay in performance due to the force majeure event. A force majeure event is an event beyond <br /> a party's reasonable control, such as unusually severe weather,fire,floods,other acts of God, labor <br /> disputes, acts of war or terrorism, or public health emergencies. <br /> 13. Under Minnesota Statutes, Section 16C.05, subdivision 5,the Parties agree that the <br /> books, records, documents, and accounting procedures and practices relevant to this Agreement <br /> are subject to examination by either Party and the state auditor or legislative auditor,as appropriate, <br /> for at least six years from the end of this Agreement. <br /> 14. A party will sent send all notices or demands under this Agreement either by: <br /> a. certified mail; <br /> b. e-mail, as long as the recipient acknowledges receipt by e-mail or otherwise in <br /> writing; or <br /> c. delivered in person to the other party addressed to the following authorized <br /> representatives: <br /> Assistant General Manager, Technical Services Craig Schlichting, P.E. <br /> Metropolitan Council Environmental Services Director of Community Assets and Development <br /> 390 Robert Street North 803 Old Highway 8 NW <br /> St. Paul, MN 55101-1805 New Brighton, MN 55112 <br /> 15. The parties will use a dispute resolution process for any unresolved dispute between <br /> the parties before exercising any legal remedies. The dispute resolution process is a three level <br /> Page 9 of 14 <br />