Agenda - Council - 10/22/1996 - Laserfiche WebLink

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I I I I I I I I 2227 145TH Ave. N.W. Andover, M2q 55304 (612)-757-6693 (612)-757-3696 Embedded Systems, Inc. or, if to the City, to the City Manager, Treasurer, or Finance Direetor~of the City or if mailed, in a sealed envelope by Un/ted States Postal Service mail, by certified mail, return receipt requested, postage paid and addressed to the party to whom the notice is directed at the location designated for such party on the face of this agreement, or such other location as either party may designate in writing. 8.3 Neither party shall be I/able for failure to comply with any of the terms of this agreement when such failure has been caused by In'e, war, insurrection, government restrictionS, force majeure, Act of God or other cause, beyond the control and not due to the fault of either party involved, provided such party uses due diligence to remedy such default. 8.4 In the event any one or more of the provisions of this agreement should be ruled by a court of c~ompetent jurisdiction in the State of Minnesota to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained! herein shall not in any way be affected or impaired thereby. 8.5 This Agreement may be amended only by an instrument in writing executed by City and Embedded Systems, Inc. 8.6 This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 8.7 City a~knowledges that it has read this Agreement, understands it and agrees to be bound by its terms, and further agrees that it represents the entire Agreement between the parties and supersedes ail prior oral and written proposals and communications. The individual executing this agreement by and on behalf of the respective parties hereby specifically represent that they are acting officers of such part/es authorized to execute this agreenlent, holding the offices indicated by the official titles beneath their signatures below, and;further represent that upon the complete execution of this agreement the party intended to be bound by this agreement by such individual will in fact be bound. 8.8 This agreement may be executed in several identical counterparts, and all of said counterpart~, executed and delivered, each as an original and complete in itself, shall constitute but one and the same instrument, and any such counterpart may be introduced in evidencei proved, recorded or used for any purpose without the production of any other counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year f'n-st above written. CITY By: EMBEDDED SYSTEMS, INC.~ Title: Title: Owner~artner Accepted by City this __day of ...... 19 Accepted by Embedded Systems, Inc. this