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2.5a ERMUSR 06-13-2023
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2.5a ERMUSR 06-13-2023
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10/6/2023 4:25:43 PM
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6/13/2023 1:21:56 PM
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City Government
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ERMUSR
date
6/13/2023
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DocuSign Envelope ID: 58FE3CF5-7330-4F18-9C60-B177A84C616D <br />"Proiect Manager" means the individual designated by each Party as the representative acting <br />on the Party's on behalf on matters relating to the planning and execution of the Work under this <br />Agreement. <br />"Router" means Network Equipment which ERMU purchases from Distributor that provides <br />intermediate communication and data processing between Endpoints and Collectors. Routers <br />may also communicate with other Routers. <br />"Services" means project management services, training, project delivery services, <br />commissioning services, and any other services described in Attachment V Statement of Work <br />and Attachment III Agreement Price. <br />"Sites" means all property where the Work is performed. <br />"Specifications" means any requirements for any product contained in this Agreement and the <br />appendices. <br />"Software" means computer applications and programs in any form that ERMU licenses from <br />the Manufacturer to implement and use the AMI System as contemplated by this Agreement. <br />"Subcontractor" means a person, persons, partnership, association, company, or corporation <br />engaged by Distributor to furnish any portion of the Work to Distributor. <br />"Work" means the performance of the Distributor's requirements under this Agreement, <br />including, but not limited to, furnishing labor, Equipment, Services, Software, documentation, <br />transportation, and other tasks as may be necessary to meet the Distributor's obligations under <br />this Agreement. <br />3. Rules of Construction. <br />The defined terms in this Agreement shall have the meanings set forth herein whenever the terms <br />appear in this Agreement, whether in the singular or the plural or in the present or past tense. <br />Words not otherwise defined herein that have well known and generally accepted technical or <br />trade meanings are used herein in accordance with such recognized meanings. In addition, the <br />following rules of interpretation shall apply: <br />1. The masculine shall include the feminine and neuter. <br />2. The singular includes the plural and vice versa. <br />3. The word "or" is not exclusive, unless a clear contrary intention exists. <br />The section and subsection names in this Agreement are only provided for convenience. <br />In no way do the section and subsection names restrict the applicability of the requirements to <br />the topic area given in the section or subsection name. For example, it is possible requirements <br />under a section labeled "hardware" could actually include software requirements unrelated to the <br />section or subsection title. Furthermore, it is possible that requirements listed under a particular <br />section or subsection name are not all the requirements for that topic within this Agreement, as <br />requirements on that topic may be listed in other sections, subsections, or appendices. <br />Elk River Municipal Utilities 6 Core & Main LP <br />45 <br />
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