Laserfiche WebLink
after one hundred and eighty (180) days from the commencement of <br /> negotiations or such extension thereof that may be agreed by the parties, <br /> the parties are unable to reach agreement on amendments hereto, then <br /> this Use Agreement may be terminated by either party. <br /> 11.4 Contacting Metricom. Metricom shall be available to the staff employees <br /> of any City department having jurisdiction over Metricom's activities <br /> twenty-four (24) hours a day, seven (7) days a week, regarding problems <br /> or complaints resulting from the attachment, installation, operation, <br /> maintenance, or removal of the Radios. The City may contact b3 <br /> telephone the network control center operator at telephone number <br /> (800) 873-3468 regarding such problems or complaints. <br /> 11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed anc <br /> construed by and in accordance with the laws of the State of Minnesota, <br /> without reference to its conflicts of law principles. If suit is brought by a <br /> party to this Use Agreement, the parties agree that trial of such action <br /> shall be vested exclusively in the state courts of Minnesota, County of <br /> Ramsey, or in the United States District Court for the District of <br /> Minnesota. <br /> 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement <br /> lead to litigation, the prevailing party shall be entitled to recover its costs <br /> of suit up to an amount of Five Thousand Dollars ($5,000.00),including <br /> (without limitation) reasonable attorneys' fees. <br /> 11.7 Consent Criteria. In any case where the approval or consent of one party <br /> hereto is required, requested or otherwise to be given under this Use <br /> Agreement, such party shall not unreasonably delay, condition, or <br /> withhold its approval or consent. <br /> 11.8 Representations and Warranties. Each of the parties to this Agreement <br /> represents and warrants that it has the full right, power, legal capacity, <br /> and authority to enter into and perform the parties' respective obligations <br /> hereunder and that such obligations shall be binding upon such party <br /> without the requirement of the approval or consent of any other person or <br /> entity in connection herewith, except as provided in § 3.2 above. <br /> 11.9 Amendment of Use Agreement. This Use Agreement may not be <br /> amended except pursuant to a written instrument signed by both parties. <br /> Right-goof- Way Permit and Fadlity Use Agreement <br /> City ofRosevrlle:: 1✓letricom,Inc. <br /> Page 15 of 16 <br />