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Statutes, Section 13.01 et seq. <br /> 9.16. No Waiver. Any Party's failure in any one or more instances to insist upon <br /> strict performance of any of the terms and conditions of this Agreement or to <br /> exercise any right herein conferred shall not be construed as a waiver or <br /> relinquishment of that right or of that Party's right to assert or rely upon the <br /> terms and conditions of this Agreement. Any express waiver of a term of this <br /> Agreement shall not be binding and effective unless made in writing and <br /> properly executed by the waiving Party. <br /> 9.17. Patented Devices. Materials and Processes. If this Agreement requires, or the <br /> CONTRACTOR desires, the use of any design, device, material or process <br /> covered by letters, patent or copyright, trademark or trade name, <br /> CONTRACTOR shall provide for such use by suitable legal agreement with <br /> the patentee or owner and a copy of said agreement shall be filed with CITY. <br /> If no such agreement is made or filed as noted, CONTRACTOR shall <br /> indemnify and hold harmless CITY from any and all claims for infringement by <br /> reason of the use of any such patented designed, device, material or process, or <br /> any trademark or trade name or copyright in connection with the services <br /> agreed to be performed under the Agreement, and shall indemnify and defend <br /> CITY for any costs, liability, expenses and attorney's fees that result from any <br /> such infringement. <br /> 9.18. Headings and Captions. Headings and captions contained in this <br /> Agreement are for convenience only and are not intended to alter any of the <br /> provisions of this Agreement and shall not be used for the interpretation of <br /> the validity of the Agreement or any provision hereof. <br /> 9.19. Notice. Any notice to be given hereunder by either Party to the other <br /> shall be in writing and may be effectuated by delivery of U.S. certified <br /> mail, return receipt requested. Notice hereunder shall be sufficient if <br /> properly addressed and made to: <br /> Cit3� of Pequot Lakes <br /> 463 8 Main Street <br /> Pequot Lakes, MN 56472 <br /> Contact Person: Nancy Malecha, City Administrator <br /> (218) 568-5222 (office) <br /> (218) 568-5860 (fax) <br /> Pine River Area Sanitary District <br /> 2567 24th Ave. SW <br /> Pine River, MN 56474 <br /> Contact Person: Andy Schwartz, Operations Manager <br /> 218-587-2924 (office) <br /> 218-587-4954 (fax) <br /> 10 <br />