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5.2 ERMUSR 03-14-2023
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5.2 ERMUSR 03-14-2023
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3/13/2023 8:58:09 AM
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Elk River Municipal Utilities 25 SupplierCore & Main LP <br />If compelled by a requirement of a government agency, a court, or by law or discovery to disclose <br />any of the Confidential Information, the Party ordered to disclose the information shall make <br />reasonable efforts to resist disclosure and shall notify the other Party in writing prior to making <br />any disclosure in order to provide the Party whose information may be disclosed a reasonable <br />opportunity to either waive any objection to such disclosure or request a remedy from the <br />appropriate authority. The Parties will reasonably cooperate with each other in efforts to obtain <br />such a remedy. If the Party whose information may be disclosed waives its objections, is <br />unsuccessful in its request for a remedy, or fails to make such a request, the Party compelled to <br />disclose information will furnish only that portion of the Confidential Information that is legally <br />required. <br />Disclosure of Confidential Information beyond what is outlined above shall be approved in writing <br />by the other Party in advance of such disclosure. <br />34. No Implied Waiver <br />Either Party’s failure to insist upon strict performance by the other Party of any of the terms of this <br />Agreement shall not be construed as a waiver of terms of this Agreement. No waiver shall be <br />deemed a continuing waiver or waiver in respect of any subsequent breach or default, either of a <br />similar or dissimilar nature, unless expressly so stated in writing by a duly authorized <br />representative of the Party granting the waiver. <br />35. Notice <br />Any notice required or in connection with this Agreement shall be in writing and shall be given to <br />the appropriate Party by personal delivery, certified mail, or other recognized delivery service that <br />confirms delivery. All notices shall be deemed duly given and effective (i) when received after <br />being sent by confirmed facsimile transmission, or delivered by hand, (ii) five (5) days after being <br />deposited with the United States Postal Service, properly addressed, sent by registered or certified <br />mail, return receipt requested, postage prepaid, or (iii) the immediately succeeding business day <br />after next day delivery shipping with Federal Express or other similar overnight courier. Any Party <br />may change its address for the purpose of this paragraph by giving written notice of such change <br />to the other Parties in the manner provided in this paragraph. <br /> <br /> <br /> <br /> <br /> Elk River Municipal Utilities <br />13069 Orono Parkway <br />Elk River, MN 55330 <br />purchasing and Contracts <br /> <br /> <br />Legal notices to Supplier shall be sent to: Core & Main LP <br />Attn: John Selsvold or Kirk Peterson <br />1800 W. 79th Street <br />Eden Prairie, MN 55344 <br />217
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