4.3.e. ERMUSR 10-11-2016 - Laserfiche WebLink

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• with the provisions of this Agreement. If disputes cannot be resolved informally by the Parties, the following procedures shall be used: A. Whenever there is a failure between the Parties to resolve a dispute on their own,the Parties shall first attempt to mediate the dispute. The Parties shall agree upon a mediator, or if they cannot agree, shall obtain a list of court-approved mediators from the Sherburne County District Court Administrator and select a mediator by alternatively striking names until one remains. The Elk River Municipal Utilities shall strike the first name, followed by Wright-Hennepin Cooperative Electric Association, and shall continue in that order until one name remains. B. If the dispute is not resolved within thirty(30) days after the end of mediation proceedings, the Parties may pursue any legal remedy. 6. Entire Agreement. This Agreement supersedes any prior or contemporaneous representations or agreements,whether written or oral, between the Parties and contains the entire agreement. 7. Assignment. Wright-Hennepin Cooperative Electric Association may not assign this Agreement to any other person unless written consent it obtained by the City. • 8. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. 9. 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 Sherburne County, Minnesota. 10. Government Data. Wright-Hennepin Cooperative Electric Association agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, HIPPA requirements, and all other applicable state or federal laws, rules, regulations, or orders pertaining to privacy and confidentiality. 11. Waiver. 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. 12. Notices. All notices and other communications pursuant to this Agreement must be in writing and must be given by registered or certified mail, postage prepaid, or delivered by hand at the address set forth below: Notice to Elk River Municipal Utilities: 3 189557v1