Agenda - Council - 02/10/2015 - Laserfiche WebLink

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25.1 Binding Effect. This Agreement and each of the Parties' respective rights and obligations under this Agreement, shall be binding on and shall inure to the benefit of the Parties hereto and each of their respective permitted successors and assigns. 25.2 Waiver. The failure of either Party hereto to enforce any of the provisions of this Agreement, or the waiver thereof in.any instance, shall not be construed -as a general waiver or .relinquishment on its part of any such provision, but the same shall nevertheless be and remain in full force and effect. 25.3 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Minnesota, without giving effect to its principles of conflicts of laws. In addition, this Agreement shall comply in all.respects with the -forms and conditions of the Grant with respect to the Initial Service Order. If the terms of the Grant conflict with any term herein, the term shall be read consistent with the Grant. All proceedings arising out of this Agreement shall be venued in a court of competent jurisdiction in Minnesota. • 25.4 Compliance with Laws/Standards. Both Parties shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement, the ZAYO System, and all facilities and services contemplated by this Agreement including without limitation laws, rules and regulations governing construction and operation of the ZAYO System and delivery of telecommunications services over such system including any required Minnesota Public Utilities Commission or Federal Communications Commission approvals. Any violation of such laws, statutes, ordinances, rules, or regulations, or failure to obtain or maintain any .required license, certification or regulatory approval by either Party shall constitute a material breach of this Agreement. 25.5 Rules of Construction. (a) The captions or headings in this Agreement are strictly for convenience and shall not be considered in interpreting this Agreement or as amplifying or limiting any of its content. Words in this Agreement which import the singular connotation shall be interpreted as plural, and words which import the plural connotation shall be interpreted as singular, as the identity of the Parties or objects referred to may require. The words "include," "includes," and "including," shall be deemed to be followed by the phrase "without limitation." The words "hereof," "herein," and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time 'amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein. All accounting terms not otherwise defined in this Agreement will have the meanings subscribed to them under generally accepted accounting principles as in effect from time to time in the United States. (b) Unless expressly defined herein, words having well known technical or 26 Anoka County Master Fiber IRU 8.14.10