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CCP 04-21-1997
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CCP 04-21-1997
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<br />. . <br /> <br />., '. <br /> <br /> <br />(g) The arbitration panel's authority shall be limited in I <br />the following respects: It may not approve, disapprove or in any . <br />manner modify the Budget approved by the City. In regard to the <br />adequacy of the Budget and/or levels of fire protection services, I <br />the authority of the arbitration panel shall be limited to <br />determining whether or not the level of service requested by the <br />City can reasonably be provided by the Department for the amount I <br />of the Budget. <br /> <br />l4. Amendments. This Agreement may only be amended by the I <br />mutual consent in writing of the parties. <br /> <br />15. Entire Agreement; Exhibits. This Agreement, including <br />the exhibits attached hereto, contain the entire agreement of the I <br />parties. It may not be changed orally but only by an agreement <br />in writing signed by the party against whom enforcement of any <br />waiver, change, mOdification, extension or discharge is sought. I <br />All preliminary negotiations are merged into and incorporated in <br />this Agreement. " <br /> <br />16. Not 'J6irii:--'Venturers. This Agreement does not create I <br />the relationship of principal and agent or of partnership or of <br />joint venture or of any association between the City and the <br />Department, the sole relationship between them being that of I <br />independent contractors. <br /> <br />17. '.~ia"iV;er. The action or inaction by either party with <br />knowledge of any breach of this Agreement by the other party, or .. <br />of any default on the part of the other party in the observance <br />or performance of any of the obligations or covenants of this <br />Agreement, shall not be deemed to be a waiver of any of the . <br />provisions of this Agreement. No failure on the part of either <br />party to enforce any obligation or covenant herein contained, nor <br />: any waiver of any right hereunder by either party, unless in I <br />writing, shall discharge or invalidate such obligation or <br />covenant or affect the right of said party to enforce the same in <br />the event of any subsequent breach or default. <br /> <br />18. In"alId'l.ty. If any part of this Agreement, or any part I <br />of any provision hereof, shall be adjudicated to be void or <br />invalid, then the remaining provisions hereof not specifical~y I <br />adjudicated to be invalid, shall be enforced without reference to <br />the part or portions so adjudicated, insofar as such remaining <br />provisions are capable of enforcement. I <br /> <br />19. Governing Law. This Agreement shall be subject to and <br />governed by the laws of the State of Minnesota. <br />I <br />I <br />.. <br /> <br />- 11 - <br />. <br />
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