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2018_08-28_PWETCpacket
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2018_08-28_PWETCpacket
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8/31/2018 9:09:33 AM
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8/31/2018 9:06:02 AM
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Commission/Committee
Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
8/28/2018
Commission/Committee - Meeting Type
Regular
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18.3 This Agreement constitutes the entire agreement among the Parties <br />relating to the Project and Subscription and supersedes any and all prior oral or <br />written understandings. <br />18.4 This Agreement will be governed by and construed in accordance with the <br />Laws of the State of Minnesota without regard to conflicts of law provisions. <br />18.5 Any provision of this Agreement found to be void, illegal or otherwise <br />unenforceable shall not affect the validity or enforceability of the other provisions <br />which shall not be affected and will continue in force. <br />18.6 This Agreement may not be amended, changed, modified, or altered <br />unless such amendment, change, modification, or alteration is in writing and <br />signed by each Party to this Agreement or its successor in interest. This <br />Agreement inures to the benefit of and is binding upon the Parties and their <br />respective successors and permitted assigns. <br />18.7 Each Party will perform all obligations under this Agreement as an <br />independent contractor. Nothing herein contained shall be deemed to constitute <br />any Party a partner, agent or legal representative of another Party or to create a <br />joint venture, partnership, agency or any relationship between the Parties. <br />18.8 Nothing contained in this Agreement shall be construed as an intent by <br />Operator to dedicate the Project to public use or subject itself to regulation as a <br />"public utility" (as such term may be defined under any applicable law). <br />18.9 This Agreement may be executed in counterparts, which shall together <br />constitute one and the same agreement. Facsimile or portable document format <br />(".PDF") signatures shall have the same effect as original signatures, and each <br />Party consents to the admission in evidence of a facsimile or photocopy of this <br />Agreement in any court or arbitration proceedings between the Parties. <br />18.10 Service Contract. The Parties intend that this Agreement be treated as a <br />"service contract" within the meaning of Section 7701(e)(3) of the Internal <br />Revenue Code. <br />13 <br />
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