Ordinance # 159 - Laserfiche WebLink

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Subdivision 2. Third Party Beneficiary. This Ordinance constitutes a franchise agreement between the City and NSP as the only parties and no provision of this franchise shall be in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise given rise to any cause of action in any person not a party hereto. Subdivision 3. Dispute Resolution. If either party (City or NSP)asserts that the other party is in default in the performance of any obligation herein,the complaining party shall give notice to the other party,pursuant to Section 16 of this franchise, of the default and the desired remedy. If the dispute is not resolved within 30 days of the written notice,the parties shall agree to submit the dispute to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Written notice of demand for arbitration shall be presented to the other party and shall be filed with the American Arbitration Association within a reasonable time after the claim or dispute between the parties has arisen. Subdivision 4. Assignment. NSP shall have the right and authority to assign to any person,persons, firm, or corporation all the rights conferred upon by this Ordinance, provided that the assignee of such rights,by accepting such assignment, shall become subject to the terms and provisions of this Ordinance. Subdivision 5. Change in Form of Government. Any change in the form of government of the City shall not affect the validity of this franchise. Any governmental unit succeeding the City shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the City provided in this franchise. SECTION 16. NOTICE. Any notice to NSP required under this Ordinance, shall be mailed to the President, Gas Utility, 825 Rice Street, St. Paul, Minnesota 55117. Notice to City shall be mailed to the City Clerk, City Hall, Box 361„ Pequot Lakes, Minnesota 56472. Either party may change its respective address for the purpose of this Ordinance by written notice to the other Party. SECTION 17. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, any publication required by law, and acceptance by NSP in accordance with the provisions of Section 18. SECTION 18. PUBLICATION. The City Clerk shall publish this Ordinance in the official newspaper with notice that a printed copy of the Ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. The expense of any publication of this franchise Ordinance required by law shall be paid by NSP. 9