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CCP 03-13-2006
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CCP 03-13-2006
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5/8/2007 1:21:20 PM
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11/15/2006 10:09:12 AM
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<br />< <br /> <br />. <br /> <br />e <br /> <br />To SUBSCRIBER: <br /> <br />8.7 Minnesota Laws Govern <br />The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and <br />construction of this Agreement and the legal relations between the parties and performance under this Agreement. <br />The appropriate venue and jurisdiction for any litigation hereunder will be the state or federal courts located within <br />the County of Ramsey, State ofMirmesota. If any provision of this Agreement is held invalid, illegal or <br />unenforceable, the remaining provisions will not be affected. <br /> <br />8.8 Mediation <br />COUNTY and SUBSCRIBER agree to submit all claims and disputes between the parties arising out of or relating <br />to this Agreement to the Subscriber Policy Group. If the Subsystem Policy Group can not reach a resolution, the <br />COUNTY and SUBSCRIBER agree to submit the claim or dispute to mediation. The mediation shall be conducted <br />through a mutually agreed upon mediator. The parties shall decide whether mediation shall be binding or non- <br />binding. If the parties cannot reach agreement on this issue, mediation shall be non-binding. In the event <br />mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action <br />prior to the expiration of the applicable statute of limitations. <br /> <br />8.9 Force Maieure <br />Neither party shall be liable to the other for any loss, damage, failure, delay or breach in rendering any services or <br />ilperfOnning any obligations hereunder to the extent such failure, delay or breach results from any cause or event <br />beyond the control of the party being released hereby (<<Force Majeure"), including, without limitation, fire or other <br />casualty, acts or threatened acts ofterrorism, pestilence or epidemic, strike or labor dispute, war or other violence, <br />acts or inaction of any governmental authority, or any other cause beyond the reasonable control of the party. The <br />excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non- <br />perfonnance and shall proceed to perfonn with reasonable dispatch whenever such causes are removed or cease. <br /> <br />8.10 Nothing herein shall preclude the Ramsey County Board of Commissioners from exercising its full <br />authorities in relation to this Agreement. <br /> <br />WHEREFORE, this Agreement is duly executed on the last date written below. <br /> <br />RAMSEY COUNTY <br /> <br />SUBSCRIBER NAME. <br /> <br />David Twa, County Manager <br /> <br />By: <br />lts: <br /> <br />Date: <br /> <br />Date: <br /> <br />Approved as to form and insurance: <br /> <br />Assistant County Attorney <br /> <br />Purchase Order or <br />_Aspen Vendor Contract Number: <br /> <br />Funds are available <br />Account Number: <br /> <br />800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period <br /> <br />90f 12 <br />
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