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Roseville unless another location is mutually agreed upon by the parties. The parties shall <br />memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, <br />which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. <br />21.Annual Review. Prior to January 1 of each year of this Agreement, the City shall have the right to <br />conduct a review of the performance of the Work performed by the Consultant under this <br />Agreement. The Consultant agrees to cooperate in such review and to provide such information as <br />the City may reasonably request. Following each performance review the parties shall, if requested <br />by the City, meet and discuss the performance of the Consultant relative to the remaining Work to be <br />performed by the Consultant under this Agreement. <br />22.Conflicts. No salaried officer or employee of the City and no member of the City Council of the <br />City shall have a financial interest, direct or indirect, in this Agreement. The violation of this <br />provision shall render this Agreement void. <br />23.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. <br />24.Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be <br />considered an original. <br />25.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any <br />reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect <br />the remaining provisions of this Agreement. <br />26.Notices.Any notice to be given by either party upon the other under this Agreement shall be <br />properly given: a) if delivered personally to the City Manager if such notice is to be given to the <br />City, or if delivered personally to an officer of the Consultant if such notice is to be given to the <br />Consultant, b) if mailed to the other party by United States registered or certified mail, return receipt <br />requested, postage prepaid, addressed in the manner set forth below, or c) if given to a nationally, <br />recognized, reputable overnight courier for overnight delivery to the other party addressed as <br />follows: <br />If to City: City of Roseville <br />Roseville City Hall <br />2660 Civic Center Drive <br /> Roseville, MN55113 <br />Attn: City Manager <br />If to Consultant: Short Elliot Hendrickson, Inc. <br />3535 Vadnais Center Drive <br />St. Paul, Minnesota 55110-5196 <br /> Attn: Mark Lobermeier <br />Notices shall be deemed effective on the date of receipt if given personally, on the date of deposit in <br />the U.S. mails if mailed, or on the date of delivery to an overnight courier if so delivered; provided, <br />however, if notice is given by deposit in the U.S. mails or delivery to an overnight courier, the time <br />for response to any notice by the other party shall commence to run one business day after the date <br />of mailing or delivery to the courier. Any party may change its address for the service of notice by <br />giving written notice of such change to the other party, in any manner above specified, 10 days prior <br />to the effective date of such change. <br />Page 6 <br /> <br />