05-28-2019 Council Packet - Laserfiche WebLink

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after written notice from the City, such violation or failure shall constitute an Event of Default. Upon the occurrence of an Event of Default, the City may, in addition to any other remedies available to the City at law or in equity, immediately revoke the license granted by this License Agreement without any further notice to the Licensee. Neither the passage of time after the occurrence of the Event of Default nor the exercise by the City of any other remedy with regard to such Event of Default shall limit the City's rights under this Section. 9. Miscellaneous Governing Provisions. This License Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. No failure on the part of a party to this License Agreement to exercise, and no delay in exercising, any rights contained in the License Agreement shall operate as a waiver of such rights, nor shall any single or partial exercise of any rights hereunder preclude any other or further exercise of such rights or the exercise of any other right. The remedies provided in this License Agreement are cumulative and not exclusive of any other remedy provided by law or equity. All terms and words used in this License Agreement shall be construed to include any other number and any other gender as the context or sense of this License Agreement or of any paragraph of this License Agreement may require as if such terms or words had been fully and properly written in the appropriate number and gender. Any exhibits to this License Agreement are a part of this License Agreement. Captions are provided for convenience and ease of reference only and do not affect or modify the terms of any of the provisions of this License Agreement. All of the provisions of this License Agreement are separable, so if any provision of this License Agreement is held to be ineffective by a court of competent jurisdiction, the remaining provisions of this License Agreement shall remain in full force and effect unless the invalidated provision is so fundamental to this License Agreement that the remaining provisions do not reflect the parties' intent. This License Agreement contains the entire agreement of the parties with respect to the subject matter of this License Agreement and supersedes any and all prior agreements and understandings between the parties with respect to the same. The terms of this License Agreement have been cooperatively negotiated by and among the parties hereto, and this License Agreement shall not be construed against any party hereto as its author. Only a written instrument executed by both parties may modify this License Agreement. Time is of the essence for each and every term of this License Agreement. All of the indemnifications contained in this License Agreement shall survive the expiration or termination of this License Agreement. This License Agreement may be executed in counterparts and, upon execution, each counterpart shall be considered an original. Janie Delaney on behalf of The Donation Garden j 1577260 SMM:11/4/11 CITY OF OR(O.N `O,/ By: Lili Tod McMillan Its Mayor r By: \urn Jessica Loftus 46 City Admini +r r