Agenda - Council - 01/24/1995 - Laserfiche WebLink

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7. ~IND]EAfN/'I'Y A/q/) HOLD Do'us shall defend, indemnify and hold harmless City from and against any and all liability, ~age, claims, or loss, including reasonable attorrtey's fees and costs, occurring during the te~ of this agreement arising from a breach by Doradus of the performance of its obligations under this agreement. City shall defend, indemnify and hold harmless Doradus from and ag~st any and all liability, damage, claims, or loss including reasonable auomey's fees and cos~, arising from or related in any way to the ownership, operation or use by City of the uni~ and related equipment covered by this agreement, or arising from or related in any way to the neglect or failure of the City to proper}3' maintain the parts of the unit other than the receiver/decoder. The!Obligations of the parties under this paragraph 7 shall continue in full force and effect notaiithstanding the termination of this ~greement. 8. l An3' a~si~-mrnent of this agreement without the express written mutual consent of City and Doradus shall be void. 8.2 Any notice herein required or permitted to be given or sen, ed by either parry hgreto upon the other shall be deemed ~ven or served in accordance with the i ¢rovisions of this a~oveement if delivered personally, if to Doradus, to an officer of Doradus or, ff to the Cig', to the City Manager, Treasurer, or Finance Director of the Ci5, or if mailed, in a sealed envelope by United States Postal Service mail, by certified mail, return receipt requested, postage paid and addressed to the parry, to whom the notice is directed at the location decimated for such parry on the face of this a~eement, or such other location as either parr,5 m~3(designate in wrting. 8.3 Nekher parry, shall be liable for failure to comply with any of the terms of this !i a~m'eement when such failure has been caused by fh'e, waz, insurrection, government ~'~ resmcfions, force majeure, Act of God or other cause, bevond~ the control and not due ~o the fault of either parry involved, provided such parry uses due diligence remedy such default. ~.4 i_n the event any one or more of the provisions of this a~eement should be ruled by a court of competent jurisdiction in the State of M'~nnesom to be invalid, i/legal or ~ unenfor~,..eabte, the Yaliciiry, legaI/V and enforcmbility of the rem~,Sng provisions !i contained herein shall not in any way be affected or mpa/red thereby. ~4 ~ 8.5 This A~eement ma3, be amended only b3' a_n .insu'ument in writing ex~utexl by ¢i City and Domdus. ~ ~. 6 This A~meement shall be governed by and construed in accorchq.nce with the laws of ~i the State of Minnesota.