Agenda - Council - 11/28/1995 - Laserfiche WebLink

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,lI I il I I I I I I I I I I I I I I I Doradus shall def damage, claims, term of this agre md, indemnify and l~old harmless City from and against any and all liability, }r loss, including reasonable attorney's fees and costs, occurring during the ~ment 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 against any and a]ll liability, damage, claims, or loss including reasonable attorney's fees and costs, arising frown or related in any way to the ownership, operation or use by City of the units and related ~lequipment covered by thi~ agreement; or ~sing from or related in any way to the neglect or lfailure of the City to properly maintain the parts of the~unit other than the receiver/decoder..~ The obligations c~f the parties under this paragraph 7 shall continue in full force and effect notwithstandingt~e termination of this agreement. 8. GENERAL ~r 8.1 Any ~ssignment of this agreement without the express written mutual consent of City and ~oradus shall be void. 8.2 Anyinotice herein required or permitted to be given or served by either party hereto up~bn the other shall be deemed given or served in accordance with the provisions! of this agreement if delivered personatty, if to Doradus, to an officer of Doradus o~r, if to the City, to the City Manager, Treasurer, or Finance Director of the City or ~ mailed, in a sealed envelope by United States Postal Service mail, by cendied ~ail, retum 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 liable for failure to comply with any of the terms of this agreemen~ when such failure has been caused by/'u'e, war, insurrection, government restrictionS, force majeure, Act of God or other cause, beyond the control and not due to th~ fault of either party involved, provided such party uses dUe diligence to remedy stroh default. 8.4 In th.e event any one or more of the provisions of this agreement should be ruled by a cou~ of competent jurisdiction in the State of Minnesota to be invalid, illegal or unenforc~ble, 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 I~. oradus. 8.6 This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 8.7 Citylacknowledges that it has read this Agreement, understands it and agrees to be bound by ~ts terms, and further agrees that it represents the entire Agreement between