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R2002-169A AUTHORIZING EXECUTION OF AN AGREEMENT
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R2002-169A AUTHORIZING EXECUTION OF AN AGREEMENT
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1/14/2016 3:27:17 PM
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Resolution/Ordinance
Res Ord Num
R2002-169A
Res Ord Title
AUTHORIZING EXECUTION OF AN AGREEMENT GREAT PLAINS LOCATE SERVICE, INC.
Approved Date
9/16/2002
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17. Miscellaneous. <br /> (a) Failure of either party to object to any breach of this Agreement in any <br /> respect or to enforce any of their rights hereunder shall not be deemed a waiver of said <br /> requirements nor an ongoing waiver of the specific breach, and the parties shall be entitled to <br /> take any action at any time to pursue any of their available remedies. <br /> (b) Both parties hereto shall maintain and shall take all reasonable actions <br /> necessary to prevent inadvertent or accidental disclosure of this Agreement's terms and prices <br /> or the other party's confidential information, including but not limited to, specifications, <br /> drawings, ma.ps, sketches, models, samples, tools, computer programs, technical information, <br /> and any and all other records provided by either party to the other directly related to this <br /> Agreement. The confidentiality requirements in this Agreement shall not apply to any such <br /> confidential information which is a matter of public record or generally accessible by the <br /> public, or previously known by GPLS. The obligations of the parties not to disclose and hold <br /> confidential any information or provision under this Agreement shall continue after and <br /> survive any termination of this Agreement. <br /> (c) If any provision of this Agreement is deemed invalid or unenforceable by a <br /> court of competent jurisdiction, the remaining terms and conditions of this Agreement shall <br /> remain in full force and effect. <br /> (d) The construction and interpretation of this Agreement shall be construed <br /> according to the laws of the state of the designated service area as listed in the exhibits <br /> attached. Any action arising under this Agreement shall be subject to the jurisdiction of the <br /> state of Nebraska or the jurisdiction of the state of the designated service area as listed in the <br />� e�ibits attached, and the parties hereby consent to the jurisdiction of any such forums. <br /> (e) This Agreement consists of the total and entire understanding and II' <br /> agreements by and between the parties and each party hereto acknowledges that no <br /> representations or warranties outside of this Agreement have been made by either party. This <br /> Agreement shall not be effective nor deemed approved until signed by a duly authorized <br /> corporate officer of GPLS. <br /> - 8- <br />
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