ERMU HANDOUT 07-14-2009 - Laserfiche WebLink

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waive or change any of the express provisions of this Agreement, including this provision, C} Each Party shall bear its own costs related to the arbitration and the costs in connection With arbitrator shall be paid in equal parts by the Parties involved in the arbitration unless the award shall specify otherwise. Pending the final decision of the arbitrator of a dispute hereunder, all Parties agree to diligently proceed With the performance of all obligations, including all payments, required by this Agreement. The decision of the arbitrator may be enforced by any court having jurisdiction over the Party against which the decision is rendered. D} This Section 6.03 shall survive termination of the Agreement. 6.04 G~overn~n La~v. This Agreement shall be interpreted and governed by the laws of the State of Minnesota, or the laws of the United States, as applicable. 6.0~ l~o~xces. Any written notice required or authorized under this Agreement from one Party to the others shall be delivered or mailed by first class mail, postage prepaid, as follows, unless otherwise agreed to: Director of Qperations President and CEU Elk River Municipal Utilities Connexus Energy 13 069 Qrono Parkway 14601 Ramsey Elvd. Elk River MN 5 5 3 3 ow043 o Ramsey, MN 5 5 3 03 6.06 Successors and Assn ns, Except as may be required by the terms of any mortgage or security interest granted or given by Connexus Energy to any third party covering all or substantially all of Connexus Energy's assets, none of the provisions of this A reement, g whether in whole or in part, shall be assigned by any Party to any third party without the written consent of the other Parties which consent shall nat be unreasonably withheld. 6.07 Term of A reenaen~. This Agreement shall become effective as of the date first above written and shall remain in effect for a period of five ~5} years, Thereafter, it shall continue in full force and effect for an indeterminate period of time subject, however to the ri ht g of City or Connexus Energy to terminate upon not less than five ~5}years rior written notice to p be given by the terminating Utility to the other Utility, Conn.exus Ener has the ri ht to gY g terminate the agreement prior to the 5 year notice period, if either, a} Connexus Ener has gy requested more feeders and capacity from the substation and the City refuses to rovide the p 8