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Agenda - Council - 12/14/2021
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Agenda - Council - 12/14/2021
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3/14/2025 3:20:05 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
12/14/2021
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13. NOTICES AND COMMUNICATIONS: All notices and communications provided for <br /> in this Agreement shall be in writing and shall be personally delivered or sent by a reputable <br /> private commercial courier service or sent by United States registered or certified mail, <br /> postage pre-paid, return receipt requested, to the Parties at the address set forth in the <br /> opening paragraph of this Agreement. Notice shall be deemed effective upon receipt when <br /> delivered personally, or upon mailing. <br /> 14. TERMINATION. The City may terminate this Agreement at any time upon thirty (30) <br /> days prior written notice to Contractor. In the event of a breach or non-performance of this <br /> Agreement by Contractor, City may terminate this Agreement immediately upon written <br /> notice to Contractor. <br /> 15. FORMALITIES. Any change to or modification of this Agreement must be in writing <br /> signed by both Parties. This Agreement may be executed in one or more counterparts, each <br /> of which shall be deemed an original, but all of which together shall constitute one in the <br /> same instrument. The captions for each section of this Agreement are intended for <br /> convenience only and shall not be deemed to construe or limit in any manner this <br /> Agreement. This Agreement is separate and independent of any other document, <br /> agreement, or understanding of the Parties. This Agreement constitutes the entire <br /> agreement of the Parties with respect to the matters addressed herein. <br /> 16. SEVERABILITY: If any one or more of the provisions of this Agreement, or any <br /> application thereof, shall be found to be invalid, illegal, or otherwise unenforceable by a <br /> court of competent jurisdiction, the validity, legality, and enforceability of the remaining <br /> provisions or any application thereof shall not in any way be effected or impaired thereby. <br /> 17. APPLICABLE LAW: This Agreement is governed by and is to be interpreted pursuant <br /> to the laws of the State of Minnesota. City and Contractor each hereby consent to the <br /> personal jurisdiction of the District Court of Anoka County, Minnesota, in any action, suit, <br /> or proceeding arising under this Agreement and agree that any such action, suit, or <br /> proceeding shall be venued in such court and agree to waive any objection based on forum <br /> non convenience to the bringing of any action in such court. <br /> MINNES0TA DA TA PRA CTICES A CT NOTICE: <br /> (a) If a government entity enters into a contract with a private person to perform any of its <br /> functions, all of the data created, collected, received, stored, used, maintained, or <br /> disseminated by the private person in performing those functions is subject to the <br /> requirements of this chapter and the private person must comply with those <br /> requirements as if it were a government entity. All contracts entered into by a <br /> government entity must include a notice that the requirements of this subdivision apply <br /> to the contract. Failure to include the notice in the contract does not invalidate the <br /> application of this subdivision. The remedies in section 13.08 apply to the private <br /> person under this subdivision. <br />
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