4.7 SR 05-16-2022 - Laserfiche WebLink

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damages, losses and expenses, including reasonable attorneys’ fees, arising out of or resulting from performance of the Contractor’s work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, but only to the extent caused by the negligent or wrongful acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 14. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition, or obligation. 15. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 16. SEVERABILITY. If any provision, term, or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. 17. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete, and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. CITY: CONTRACTOR: CITY OF ELK RIVER RESOURCE ENVIRONMENTAL SOLUTIONS, LLC By: By: John J. Dietz, Mayor \[print name\] Its \[title\] By: Tina Allard, City Clerk 4 221667v1