09.06 Equipment Use Agreement for Water and Wastewater Operations Services

Home Browse Search

5.4 Entire Agreement. This Agreement sets forth the entire agreement and understanding between PRASD and The City of Pequot Lakes regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, under-standings, or agreements regarding the same subject matter. This Agreement may not be modified or amended except in writing, signed by both parties. 5.6 Severability. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and efFect. 5.7 Damage to Equipment. The Borrower shall be responsible for any damage to or loss of the equipment while the equipment is in the Borrower's possession. 5.8 Indemnification. To the fullest extent permitted by law, the Borrower agrees to defend, indemnify, and hold the Lender harmless against any claims brought or actions filed against the Lender or any officer, employee or agent of the Lender for injury to, death of, or damage to the property of any third person or persons, arising from the Borrower's negligent use of the Equipment or the Borrower's failure to perform its obligations under this agreement. 5.9 Assignment. Neither party may assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. 5.10 Amendments. This Agreement may be altered, extended, changed or amended in writing by mutual agreement of the parties hereto when dated and attached hereto without altering the other terms of this Agreement. 5.11 Termination. Either party may terminate this Agreement upon ninety (90) days written notice to the other party. IN WITNESS WHEREOF, PINE RIVER AREA SANITARY DISTRICT and the City of Pequot Lakes have caused this Agreement to be executed by the person authorized to act in their respective names on the date shown below: