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<br /> party becomes insolvent or become subject to a bankruptcy or insolvency proceedings; (d) any representation <br /> made by either party to induce the other to enter into this Agreement is false in any material respect; (e) the <br /> Customer dissolves, merges, consolidates or transfers a substantial portion of its property to another entity; or <br /> (f) the Customer is in default or has breached any other contract or agreement with MacQueen. <br /> <br /> <br />14. Relationship of Parties <br /> Neither party is a partner, employee, agent, or joint venture of or with the other. <br /> <br /> <br />15. Assignment <br /> Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior <br /> written approval of the other party. <br /> <br /> <br />16. Governing Law; Jurisdiction <br /> Without regard to any conflict of law’s provisions, this Agreement is to be governed by and under the laws of <br /> the state of Minnesota. <br /> <br /> <br />17. Facsimile Signatures <br /> The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures. <br /> <br /> <br />18. Entire Agreement <br /> This Agreement shall be the exclusive agreement between the parties for the Product. Additional or different <br /> 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 <br /> signed by MacQueen’s authorized representative. <br /> <br />19. Conflict <br /> In the event of a conflict between the Customer Specifications and the MacQueen Proposal, the MacQueen <br /> Proposal shall control. In the event there is a conflict between the MacQueen Proposal and this Agreement, <br /> the MacQueen Proposal shall control. <br /> <br /> <br />20. Signatures <br /> This Agreement is not effective unless and until it is approved, signed and dated by MacQueen’s authorized <br /> representative. <br /> <br />Accepted and Agreed to: <br /> <br />MACQUEEN EQUIPMENT, LLC CUSTOMER: City of Elk River <br />Signature: ________________________________ Signature: ________________________________ <br />Name: Daniel Corcoran Name: ___________________________________ <br />Title: District Sales Manager Title: ___________________________________ <br />Date: May 13, 2021 Date: ___________________________________ <br /> <br /> <br /> <br />EXHIBIT A – PURCHASE DETAIL FORM <br />MacQueen Equipment, LLC <br />4 <br /> <br />