02-28-2000 Council Packet - Laserfiche WebLink

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11.3 Severability of Provisions. If any one or more of the provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judiciaL action-to-be-void/^ voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Use Agreement and shall not aff^t tfie legality, validity, or constitutionality of ih** remaining-, portions of this Use Agreement Notwithstanding tiie foregoing, tiie parties agree that if a court or administrative agency of competent jurisdiction should declare a provision(s) of Section 4 of tfiis Use Agreement invalid, then the parties shall each be obligated to negotiate in good faitii to amend S?ction 4 of this Use Agreement and if, after" one hundred and eighty (180) days from the commencement of negotiations or such extension thereof that may be agreed by the parhes, the parties are unable to reach agreement on amendments hereto, dien this Use Agreement-may be-fcerminated by eidier party. 11.6. 1L7 11.8 11.4- Contac ting Metricom; Metricom-shalf be available to the staff employees of any City department having jurisdiction over Metricom^s activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints-restating from the- attachment mstallation, operation, maintenance, or removal of the" RAdios. The City may contact by telephone the network control center operator at telephone number (800)873-346a regarding such problems or complaints. Gevenung Law; Jurisdktion. This Use Agreement shall be governed and construed by and in accordance widi tfie laws of the State of Minnesota, without reference to its conflicts of law principles. If suit is brought by a party to this Use Agreement^-ttie parties agree diat trial of such action shall be vested exclusively in the state courts of Mmnesota, County of Hennepin, or in the United States District Court for die District of Minnesota. AUomeya' Fee** Should.any digpnfa* arising out of this Use Agreement lead to litigation, the prevailing party shall be entidcd to recover its costs of suit up to an amount of Five Thousand DbUars_ ($5,000.00), including (without limitation) reasonable attorneys' fees. Tnany rflsp where the approval or consent of one party hereto is required, requested or otherwise to be given imder this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity. Rigla-cfAVay Per ml amt Facilitf Use Averment Gfy qfOiono :: MetricortL Inc. Pa^e I4cf 16