11-25-2019 Council Packet - Laserfiche WebLink

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of this Agreement or Lessee's use that are in force during the term of this Agreement, as lawfully amended including, without limitation, Lessor's city Code and the rules, regulations and orders of the Federal Communications Commission ("FCC"), including but not limited to FCC 18-133 issued by the FCC adopted September 26, 2018 and released September 27, 2018. Lessee and Lessor shall comply with all Applicable Laws. This Agreement does not limit any rights Lessee may have in accordance with Laws to install its own poles in the right of way or to attach Lessee's equipment to third -party poles located in the right of way. This Agreement shall in no way limit or waive either party's present or future rights under Applicable Law. If, after the date of this Agreement, the rights or obligations of either Party are materially altered, preempted, or superseded by changes in Applicable Law, the parties agree to amend the Agreement and/or Supplement to reflect the change in Applicable Law. 24. GOVERNMENT DATA. The Parties acknowledge and agree that this Agreement is considered public data not on individuals and is accessible to the public under Minnesota Statutes, Section 13.03. Lessee and Lessor agrees to abide by the applicable provisions of the Minnesota Government Data Practice Act, Minnesota Statues, Chapter 13, and all other applicable state or federal rules, regulations or orders pertaining to privacy or confidentiality. 25. GENERAL PROVISIONS. A. Entire Agreement. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement. B. Captions. Captions contained in this Agreement are for reference only, and therefore, have no effect in construing this Agreement. C. Ambiguities. If any term of this Agreement is ambiguous, it shall not be construed for or against any Party on the basis that the Party did or did not write it. D. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. E. Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any respect whatsoever create any rights on behalf of any person or entity not expressly a party to this Agreement. F. Nondiscrimination. In the hiring of employees or contractors to perform work under this Agreement, Lessee shall not discriminate against any person by reason of any characteristic or classification protected by State or Federal law. G. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. H. Waiver. The failure of either Parry to insist upon strict performance of any of the terms or conditions of this Agreement or the waiver by either Party of any breach or failure to City of Orono, Minnesota Small Wireless Facility Collocation Agreement 12 48063050