Agenda - Council - 12/16/2003 - Laserfiche WebLink

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7) Release of "Blanket" Easements. Connexus agrees to release the "blanket" easements that it now holds covering the Property, that are filed of record as Document Nos. 150126, 186667, and 150133 and 186666 and the easement reflected in Document No. 348064 upon the execution of this agreement. 8) Reimbursement of Relocation Costs. If, after installation of the Electrical Facilities, the City requests the relocation of the Electrical Facilities, the City will reimburse Connexus for the costs of such future relocation. 9) Coordination. Connexus, the City and RTC acknowledge and agree that the construction of the Electrical Improvements and the construction of Civic Center Drive may take place concurrently and agree to use best efforts to coordinate the construction of each project such that neither project causes unreasonable interference or delay to the other project. 10) Indemnification. Connexus and RTC shall hold the City harmless from, defend, and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the construction of the Electrical hnprovements. It is further understood and agreed that the City shall not be personally liable or responsible in any manner to contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the construction of the Electrical Improvements. 11 ) Unavoidable Delay. In the event of unavoidable delay in the performance by any party to this Agreement of any obligation under this Agreement due to causes beyond its control, including, but not limited to, acts of God or of the public enemy, acts of the government, legal proceedings brought by a non-party to this Agreement with respect to any provision or requirement of this Agreement, fires, floods, epidemics, quarantine restrictions, freight embargoes, or unusually severe weather, the time for performance of said obligations shall be extended for the period of the unavoidable delay. The party hereto seeking the benefit of the provision of this paragraph shall, within 30 days after the beginning of such unavoidable delay, notify the other parties hereto in writing of the causes thereof and request an extension for the period of the unavoidable delay. 12) Severability. In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 13) Execution of Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 14) Laws Governing. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 121084828v4820716 [2/g/03 4:15 p.m.