4.6. SR 11-04-2019 - Laserfiche WebLink

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16. Dispute Resolution a. If the City of Rogers, the Elk River School District, and the City of Elk River cannot agree on any matter arising out of this Agreement, after a reasonable period of good faith negotiations, they agree to engage a qualified third party to mediate the disagreement, and share the cost of the mediator on an equal basis. The Parties will work in good faith with the mediator to find an acceptable solution and must reduce any settlement to writing. Any such agreement must be incorporated into and made a part of this Agreement. If a mediated agreement cannot be reached each Party has available to it all rights in law or equity. 17. Miscellaneous a. The failure of a Party to give notice of default, or to enforce or insist upon compliance with any of the terms or conditions of this Agreement, the waiver of any term or condition of this Agreement, or the granting of any extension of time for performance, shall not constitute the permanent waiver of any term or condition of this Agreement, and this Agreement and each of its provisions shall remain at all times in full force and effective until modified by the Parties in writing. b. This Agreement sets forth the entire understanding of the Parties. c. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective successors and assigns for its appointed authorized representative from Section 7. d. Each Party warrants and represents that it is duly authorized to execute this Agreement. e. The headings of this Agreement are inserted for convenience only and shall not constitute a part hereof. f. The Parties specifically recognize that this Agreement is entered into solely for the benefit of the Parties, and that any agreements with other third parties not acknowledged in this Agreement, to transport traffic by means of the Parties’ fiber facilities, is subject to approval by the City of Rogers, Elk River School District, and City of Elk River.