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give written notice with explanation to the other Party immediately. <br /> 9.14. Compliance with Laws. CONTRACTOR shall abide by all Federal, State and <br /> local laws, statutes,ordinances,rules and regulations now in effect or hereinafter <br /> adopted pertaining to this Agreement or to the Facilities, programs and staff for <br /> which CONTRACTOR is responsible. <br /> 9.15. Data Practices. The Parties acknowledge that this Agreement is subject to the <br /> requirements of Minnesota's Government Data Practices Act, Minnesota <br /> Statutes, Section 13.01 et seq. <br /> 9.16. No Waiver. Any Party's failure in any one or more instances to insist upon strict <br /> performance of any of the terms and conditions of this Agreement or to exercise <br /> any right herein conferred shall not be construed as a waiver or relinquishment <br /> of that right or of that Party's right to assert or rely upon the terms and conditions <br /> of this Agreement. Any express waiver of a term of this Agreement shall not be <br /> binding and effective unless made in writing and properly executed by the <br /> 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 the <br /> patentee or owner and a copy of said agreement shall be filed with CITY. If no <br /> such agreement is made or filed as noted, CONTRACTOR shall indemnify and <br /> hold harmless CITY from any and all claims for infringement by reason of the <br /> use of any such patented designed, device,material or process,or any trademark <br /> or trade name or copyright in connection with the services agreed to be <br /> performed under the Agreement, and shall indemnify and defend CITY for any <br /> costs, liability, expenses and attorney's fees that result from any such <br /> infringement. <br /> 9.18. Headings and Captions. Headings and captions contained in this Agreement <br /> are for convenience only and are not intended to alter any of the provisions <br /> of this Agreement and shall not be used for the interpretation of the validity <br /> 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 /> City of Pequot Lakes <br /> 4638 County Road 11 <br /> Pequot Lakes, MN 56472 <br /> Contact Person: Sandy Peine, City Clerk <br /> 9 <br />