Laserfiche WebLink
<br />AGREEMENT <br /> <br />Bankruptcy: In addition to Section 18.0 and any other rights it may have at law or in equity, either Party may <br />terminate and without liability suspend all activity related to this Agreement immediately if the other Party is <br />adjudicated a bankrupt, ceases to do business as a going concern, makes an assignment for the benefit of <br />creditors, permits the appointment of a receiver, or otherwise avails itself of or becomes subject to any <br />bankruptcy or insolvency statute. <br /> <br />19.0 General Provisions <br />Governing Law, Jurisdiction and Venue: This Agreement is governed by the laws of the State of Minnesota. The <br />venue for any proceedings is agreed to be in CLIENT’s County, State of Minnesota, and CONTRACTOR consents <br />to such jurisdiction. CONTRACTOR shall incorporate the requirements of this Section in its agreements with <br />subcontractors, consultants, and independent contractors in connection with this Agreement. <br /> <br />Conditions Beyond Control of Parties: Neither Party will be responsible for any failure to comply with, or for any <br />delay in performance of, the terms of this Agreement where the failure or delay is due to acts of God or the <br />public enemy, war, riot, embargo, new tariffs, fire, explosion, sabotage, flood, strikes, labor disputes, default of <br />subcontractors, accident; or, without limiting the foregoing, any circumstances of like or different character <br />beyond its control (collectively, “Force Majeure Event”). If either Party is unable to perform under this <br />Agreement for more than sixty (60) due to a Force Majeure Event, then the other Party may terminate this <br />Agreement upon fifteen (15) days’ written notice. <br /> <br />Notices and Changes of Address: All notices to be given by either Party to the other shall be in writing and must <br />be either delivered in person or mailed by registered or certified mail, return receipt requested, addressed as <br />follows: <br /> <br />To CONTRACTOR: <br /> <br />Apex Arena Solutions, SBC <br />403 Jackson Street, Suite 308 <br />Anoka, MN 55303 <br />Attn: Jayson Naughton <br />To the CLIENT: <br />City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />Attn: Cal Portner, City Administrator <br /> <br />Or such other addresses as either Party may hereinafter designate by a written notice to the other. <br /> <br />Successors and Assigns: CONTRACTOR binds itself jointly and severally, his successors, executors, and <br />administrators to CLIENT in respect to all covenants of this Agreement. CONTRACTOR shall not assign or <br />transfer any part of its interest in this Agreement. <br />AGREEMENT Page 12 of 15 <br /> <br />