Laserfiche WebLink
b. Future alterations to any shared portions of the fiber network will be reviewed by all <br />parties before any alterations occur. <br />11. Governing Law: <br />a. This Agreement shall be governed by the laws of the State of Minnesota. <br />12. Notices: <br />a. All notices and other communications required or permitted hereunder shall be given in <br />writing and shall be: a) personally delivered; b) sent by telecopier, facsimile transmission <br />or other electronic means of transmitting written documents; or sent to the Parties at <br />their respective addresses indicted here by registered or certified U.S. mail, return <br />receipt requested and postage prepaid, or by private overnight mail courier service. <br />b. If personally delivered, such communication shall be deemed delivered upon actual <br />receipt; if electronically transmitted, such communications shall be deemed delivered the <br />next business day after transmission; if sent by overnight courier, such communication <br />shall be deemed delivered upon receipt; and if sent by U.S. mail, such communications <br />shall be deemed delivered as of the date of delivery indicted on the receipt issued by the <br />relevant postal service. The Parties to this Agreement may change their address for the <br />purpose of this Agreement by giving notice thereof in accordance with this section. <br />13. Force majeure: <br />a. The Parties understand that acts of God, acts of civil or military authority, government <br />regulations, embargoes, epidemics, war, terrorist acts, riots, fires, explosions, <br />earthquakes, floods or other unusually severe weather conditions or other <br />environmental disturbances or other circumstances not under the control of the Parties <br />(“Force majeure”) may delay performance as set forth in this Agreement. In the event a <br />Force Majeure event materially limits one or all of the Parties’ ability to perform under <br />this Agreement such limitations shall not be considered a breach of the terms of this <br />Agreement. <br />14. Liability: <br />a. Each party shall be responsible for any loss, damage or injury to any person or property <br />arising out of such party’s breach its obligations under this Agreement. Each party agrees <br />to defend and indemnify the other party and its officers, employees and agents for any <br />claims arising from its breach or failure to perform its obligation under this Agreement. <br />Each party waives any claim for lost services, lost profits, indirect, consequential or <br />special damages. Nothing in this Agreement shall constitute a waiver or limitation of any <br />immunity or limitation on liability to which a party may be entitled to under applicable <br />law including Minnesota Statutes, Chapter 466 or otherwise. <br />15. Insurance: <br />a. Each party shall purchase liability insurance in an amount equal to or greater than the <br />maximum liability applicable to municipalities set forth in Minnesota Statutes, Section <br />466.04, subd. 1, as amended. This requirement may be met through membership in a <br />self-insurance pool. Each party shall name the other party as an additional insured to the <br />extent necessary to meet its obligations under this Agreement