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2006_0522_Packet
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2006_0522_Packet
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If such a claim or action arises, or in the CONTRACTOR'S or the CITY'S opinion is lilcelyto arise, the <br />CONTRACTOR shall at the CITY'S discretion either procure for the CITY the right or license to <br />continue using the MATERIALS at issue or replace or modifythe allegedly inf'ringingMl�TER�ALS. <br />This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. <br />XVT. PUBLICITY. Any publicity given to the program, pub�ications, or services provided resulting from this <br />Agreement, including, but not limited to, notices, informational pamphlets, press releases, research, <br />reports, signs, and similar public notices prepared by or for the CONTRACTOR or its employees <br />individually or jointly with others, or any subcontractorsshall not be released prior to receiving the <br />approval of the CITY'S authorized representative. <br />XVII. FORCE MAJEURE. The CITY agrees that CONTRACTOR is relieved of all obligations, and will <br />incur no liability or responsibilityfor any liquidated damages or any other damages contained l�eren, <br />beyond paymentofinsurance proceeds, ifthe performanceofany obligation is preventedorrestricted or <br />interfered with by reason of: Explosion, epidemic, hurricane, cyclone, flood, other acts of God, power <br />failure, riots, or war. <br />XV�I�. AFFIRMATIVE ACTION. (When applicable) The CONTRACTOR certiiies that it has received a <br />certiiicate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, <br />Chapter 363.073. It is hereby agreed between the parties that Minnesota Statues, Section 373.073 is <br />incorporated into this Agreement by reference. <br />XIX. WQRI�RS' COMPENSATION. In accordance with the provision of Minnesota Statutes, Section <br />176.182, as amended, the CONTRACTOR shall provide acceptable evidence of compliance with the <br />worlcers' com�pens�ion insurance coverage requirement of Minn. Stat 176.181, Subd. 2,as amended, <br />prior to the commencement of any duties to be performed under this Agreement. <br />XX. ANTITRUST. The CONTRACTOR hereby assigns to the CITY any and all claims of CONTRACTOR <br />for overcharges for goods andlor services provided to CITY under this Agreement resulting from <br />antitrust violations that arise under the antitrust laws for the United States and the antitrust laws of the <br />State of Minnesota. <br />XX�. JURISDICTION AND VENUE. This AGREEMENT, and executed amendments thereto, shall be <br />governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of the <br />Agreement, or breach there of, shall be in the state of federal court with competent jurisdiction in <br />Ramsey County, Minnesota. <br />� <br />
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