2.6a ERMU 12-12-2023 - Laserfiche WebLink

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Elk River Municipal Utilities Standard Agreement for Professional Services undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Utilities and Consultant, and not for the benefit of any other party. 9. Copyright or Patent Infringement. Consultant shall defendactions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, Drawings or Specifications supplied by it, and it shall hold harmless Utilities, its officials, officers, agents, employees, and volunteers from loss or damage resulting from such claims. 10.Miscellaneous. 10.1 Governing Law; Venue. The laws of the State of Minnesota govern the interpretation of this Agreement. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Sherburne County. 10.2 Severability. Any provision or part of this Agreement that is held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Utilities and Consultant, who agree that Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. 10.3 Waiver. In the particular event that either party shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Agreement by either party, whether of the same or any other covenant, condition or obligation. 10.4 Entire Agreement. This Agreement represents the entire agreement of the parties and is a final, complete, and all-inclusive statement of the terms agreed upon, and supersedes and terminates any prior agreement(s), understanding(s), or written or verbal representation(s) made between the parties. 10.5 Notices. Any notice required by this Agreement to be delivered to the other party shall be in writing, and shall be either hand delivered to the other party; deposited in the United States Mail, to be delivered by certified or registered mail, return receipt requests; or deposited with an overnight courier to be delivered to the other party. Notices shall be delivered to the following address for each party: If to Utilities: If to Consultant: Frontier Energy, Inc. Elk River Municipal ATTN: Matt Haley, VP Utilities PO Box 530293 ATTN: Mark Hanson Atlanta, GA 30353-0923 13069 Orono Parkway P.O. Box 430 Elk River, MN 55330-0430 228829v1