4.12 SR 07-15-2024 - Laserfiche WebLink

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EM-111 10/12/2023 4 17. Governing Law; Jurisdiction Without regard to any conflict of law’s provisions, this Agreement is to be governed by and under the laws of the state of Minnesota. 18. Facsimile & Electronic Verified Signatures The delivery of signatures to this Agreement by facsimile transmission and/or electronic verified shall be binding as original signatures. 19. Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product. Additional or different terms proposed by the Customer shall not be applicable, unless accepted in writing by MacQueen’s authorized representative. No change in, modification of, or revision of this Agreement shall be valid unless in writing and signed by MacQueen’s authorized representative. 20. Conflict In the event of a conflict between the Customer Specifications and the MacQueen Proposal, the MacQueen Proposal shall control. 21. Additional Orders Company, at its sole discretion, will allow the terms of this contract to be extended to both the Customer, as well as to other Municipal, State, or Federal agencies for similar unit(s). Company will allow tag on / additional orders for up to three (3) years from the date of contract execution. To facilitate pricing, Company will quote the original price plus manufacturer’s price increases or Producer’s Price Index (PPI) whichever is greater as it applies to either Fire Apparatus and/or commercial heavy truck industries. Additionally, any regulatory changes (NFPA, EPA, Engine Emissions, FMVSS, etc.) will also have to be added to the price as they become applicable. Change orders to the original specification will need to be authorized, signed, and accepted by Company. Any entity using this tag-on/additional orders program will be required to sign a new contract commencing the relationship. Additionally, if required by the Purchaser, any new tag-on / additional orders that require a “separate” Performance bond will be separately priced. This contract, including its appendices, embodies the entire agreement between the parties relating to the subject matter contained herein and merges all prior discussions and agreements. No agent or representative of Company has authority to make any representations, statements, warranties, or agreements not herein expressed and all modifications of amendments of this agreement, including any appendices, must be in writing and executed by an authorized representative of each of the parties hereto. No surety of any performance bond given by Company to the Customer in connection with this Agreement shall be liable for any obligation of Company arising under the Standard Applicable Warranty. 22. Signatures This Agreement is not effective unless and until it is approved, signed and dated by MacQueen’s authorized representative. Accepted and Agreed to: MACQUEEN EQUIPMENT, LLC Signature: ________________________________ Name: ___________________________________ Title: ___________________________________ Date: ___________________________________ CITY OF ELK RIVER Signature: _______________________________ Name: __________________________________ Title: __________________________________ Date: __________________________________ Page 192 of 389