Agenda - Parks and Recreation Commission - 08/09/2018

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8. General Provisions. A. Entire Agreement. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement. B. Assignment. The Contractor may not assign this Agreement to any other person unless written consent is obtained from the City. C. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. D. Nondiscrimination. In the hiring of employees to perform work under this Agreement, the Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. Prevailing wage rate will NOT apply for the Trott Brook Boardwalk project. E. Force Majeure. Except for payment of sums due, neither party shall be liable to the other or deemed in default under this Agreement, if and to the extent that such party's performance is prevented by reason of Force Majeure, as determined by the City. F. Notices. All notices and other communications under this Agreement must be in writing and must be given by registered or certified mail, postage prepaid, or delivered by hand at the addresses set forth below: Notice to City: City of Ramsey Attention: Parks Superintendent 7550 Sunwood Drive NW Ramsey, MN 55303 Notice to Contractor: G. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in the State of Minnesota. H. Waivers. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement.