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<br /> <br />3 <br /> <br /> <br />12. Force Majeure. MacQueen shall not be responsible nor deemed to be in default on account of delays in performance due to <br />causes which are beyond MacQueen’s control which make MacQueen’s performance impracticable, including but not limited to <br />civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of <br />government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation <br />regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or <br />certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, fa ilure of <br />vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing <br />cessation, slowdown, or interruption of work. <br /> <br />13. Default. The occurrence of one or more of the following shall constitute a default under this Ag reement: (a) the Customer <br />fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement; (b) MacQue en <br />fails to perform any of its obligations under this Agreement; (c) either party becomes insolvent or be come subject to a bankruptcy <br />or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement is fa lse <br />in any material respect; (e) the Customer dissolves, merges, consolidates or transfers a substantial portion of its property to <br />another entity; or (f) the Customer is in default or has breached any other contract or agreement with MacQueen. <br /> <br />14. Relationship of Parties. Neither party is a partner, employee, agent, or joint venturer of or with the othe r. <br /> <br />15. Assignment. Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written <br />approval of the other party. <br /> <br />16. Governing Law; Jurisdiction. Without regard to any conflict of laws provisions, this Agreement is to be governed by and <br />under the laws of the state of Minnesota. <br /> <br />17. Facsimile Signatures. The delivery of signatures to this Agreement by facsimile transmission shall be binding as original <br />signatures. <br /> <br />18. Entire Agreement. This Agreement shall be the exclusive agreement between the parties for the Product. Additional or <br />different terms proposed by the Customer shall not be applicable, unless accepted in writing by MacQueen’s authorized <br />representative. No change in, modification of, or revision of this Agreement shall be valid unless in writing and signed by <br />MacQueen’s authorized representative. <br /> <br />19. Conflict. In the event of a conflict between the Customer Specifications and the MacQueen Proposal, the MacQueen Proposal <br />shall control. In the event there is a conflict between the MacQueen Proposal and this Agreement, the MacQueen Proposal shall <br />control. <br /> <br />20. Signatures. This Agreement is not effective unless and until it is approved, signed and dated by MacQueen Equipm ent, <br />Inc.’s authorized representative. <br /> <br /> <br />Accepted and agreed to: <br /> <br />MACQUEEN EQUIPMENT, INC. CUSTOMER: City of Elk River <br /> <br />Name: Daniel Corcoran Name: <br /> <br />Title: District Sales Representative Title: <br /> <br />Date: December, 28th 2017 Date: