4.4 SR 08-21-2023 - Laserfiche WebLink

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Sponsor shall be obligated to pay all funds contemplated by this Agreement to be due and payable through the Expiration Date. 5. No Transfer Event shall relieve Primary Sponsor and any successor entity from being jointly and severally liable for payment and performance of all obligations of Primary Sponsor under this Agreement if the City does not exercise its right of termination as provided in Sec. VII (4). Article VIII Notices All notices hereunder by either Party to the other shall be in writing. All notices, demands, or requests shall be deemed given when mailed, postage prepaid, registered, or certified mail, return receipt requested. If to the City: City of Elk River Attn: City Administrator 13065 Orono Parkway Elk River, NIN 55330 If to Primary Sponsor: Plants and Things/Furniture and Things 9792 Gateway Road Elk River, NIN 55330 Article IX General Provisions Amendments. Neither this Agreement nor any term or provision hereof may be changed, waived, discharged, or terminated, except by a written instrument signed by the Parties hereto. 2. Interpretation of Agreement. The captions preceding the articles and sections of this Agreement have been inserted for convenience of reference only and such captions shall in no way define or limit the scope of intent of any provision of this Agreement. Unless otherwise provided herein, whenever the consent of City is required to be obtained, City may give or withhold such consent in its sole and absolute discretion. Severability. If any provision of this Agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each other provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 4. Attorneys' Fees. In the event of a dispute regarding any provision of this Agreement, the Party not prevailing in such dispute shall pay any and all costs and expenses incurred by the other Party in enforcing or establishing its rights hereunder (whether or not such action is prosecuted to judgment), including without limitation, court costs and attorneys' fees. 5. Time of Essence. Time is of the essence with respect to all provisions of this Agreement in which a definite time for performance is specified including, but not limited to, the expiration of the term. 6. Cumulative Remedies. All rights and remedies of either party hereto set forth in this Agreement shall be cumulative, except as may otherwise be provided herein.