2011_0620_packet - Laserfiche WebLink

Home

with the Fiber Capacity, including, but not necessarily limited to, claims arising under statutory or common law or otherwise. K. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when reduced to writing and signed by both parties. L. This Agreement shall be governed in all respects by the laws of the State of Minnesota. M. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,, Minnesota. N. Termination 1. The Grantor or the Grantee may terminate this Agreement at any time, with or without cause, upon 90 days' written notice to the other party,, except as otherwise provided herein. 2. In the event of a loss of the Fiber Capacity as a result of an event of Force Majeure, whether or not such casualty is covered under a policy of insurance carried by the Grantor, this Agreement may be terminated at the option of the Grantor or the Grantee upon 30 days' written notice to the other party. 3. For purposes of this Agreement,, the term "Force Majeure" means delays or defaults that are directly attributable to war, insurrection, strikes, lockouts,, riots,, floods,, tornadoes,, earthquakes, fires, epidemics, inability to secure labor,, materials or tools,, or other causes beyond the parties' control, or acts of god. 0. The performance by the Grantee and/or the Grantor hereunder of all duties and obligations under this Agreement shall be as independent contractors and not as agents, employees or representatives of the other party, and no persons employed or utilized by a performing party shall be considered the employees, representatives or agents of the other party. P. Neither the Grantee nor the Grantor shall be deemed in default of the provisions of this Agreement in the event of a Force Majeure situation, provided the party claiming Force Majeure takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible, under the circumstances, without endangering the health, safety and welfare of the Grantee's and/or the Grantor's employees, facilities, cables and property. Q. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements and understandings. The captions and headings of sections throughout this Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Agreement.