CCP 04-24-2000 - Laserfiche WebLink

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{ . walvmg party. Each party will cause each insurance policy obtained by it to provide that the insurance company waives all rights of recovery against the other party in connection with a any damage covered by such policy. .. IS. Maintenance. APT will be responsible for repairing and maintaining the PCS system and any other improvements installed by APT at the Site in a proper operating and reasonably safe condition; provided, however if any such repair or maintenance is required due to the acts of Owner, its agents or employees, Owner shall reimburse APT for the reasonable costs incurred by APT to restore the damaged areas to the condition which existed immediately prior thereto. Owner will maintain and repair all other portions of the property of which the Site is a part in a proper operating and reasonably safe condition. 19. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (b) this Agreement is governed by the laws of the state in which the Site is located; (c) if requested by APT, Owner agrees promptly to execute and deliver to APT a recordable Memorandum of this Agreement in the form of Exhibit B: (d) this Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be in writing and executed by both parties; (e) if any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (f) the prevailing party in a any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce .. the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party, 20. Non-Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party. This Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. 21. Exhibits. The following Exhibits are attached to and made a part of this Agreement: Exhibits A and B. THIS DOCUMENT IS CONTINUED ON THE FOLLOWING PAGE [SIGNATURES APPEAR ON THE FOLLOWING PAGE] THE REMAINDER OF THIS PAGE IS DELIBERATELY LEFT BLANK e Site Number; Site Name: Markel: AINSI) Arden Hills wr 'Minneapolis [4]