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17-07 INTEK/INKOT Special Rate Agreement
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17-07 INTEK/INKOT Special Rate Agreement
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4/25/2017 4:44:43 PM
Creation date
2/22/2017 3:58:06 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
2/27/2017
Ord-Res Number
17-07
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shall be effective January 1, 2017 and remain in effect through December 31, 2026. There shall be <br />no automatic renewal of this Agreement. If the parties hereto desire to renew this Agreement for an <br />additional term of ten (10) years, I/N Tek must initiate such renewal and receive the approval from <br />both the Board and Common Council. <br />4. MODIFICATION OF AGREEMENT <br />This Agreement may only be modified by mutual written agreement of both parties with such <br />modification requiring approval by Council. I/N Tek understands the requirements set forth under <br />Section 17 -29 of the City Code and shall present annually to Common Council to present relevant <br />data on the following factors: <br />a. review the terms of this Agreement, <br />b. consider any reasonable modifications to the Agreement, <br />c. review any other pertinent issues relative to wastewater treatment or to this Agreement. <br />5. ADDITIONAL LEGAL TERMS <br />a. Independent Contractor. <br />Nothing herein contained shall be construed to place the parties in a relationship of partners, <br />joint venturers or employer - employee, and neither party hereto shall have the right to <br />obligate or bind the other party in any manner whatsoever. No employee, agent, servant or <br />representative of the City shall be, or shall be deemed to be, an employee, agent, servant, or <br />representative of I/N Tek. <br />b. Responsibility for Acts of Agents. <br />Each party shall at all times remain liable for the negligent, tortious or unlawful acts, <br />omissions or misrepresentations of its employees, agents, servants, contractors and <br />representatives in connection with the entry into and the performance of any of its <br />obligations, duties or rights arising out of or related to this Agreement. <br />c. Nondisclosure of Trade Secrets or Statutorily Protected Information. <br />Both parties acknowledge that each may, in the course of this Agreement, have access to <br />trade secret(s) or confidential information of the other party that is protected from <br />disclosure by a particular statute, rule or regulation. Both parties agree to protect such <br />information to at least the same extent that they would safeguard similar information of their <br />own. However, no party shall be obligated to keep confidential any such information which <br />was lawfully and independently obtained from a third party prior to the commencement date <br />of this Agreement or without violating its terms. If information protected from disclosure <br />under this paragraph is required to be disclosed pursuant to a valid court order or a valid <br />subpoena issued under the authority of a court of competent jurisdiction, then the party of <br />whom said request is made may disclose said information as required without violating this <br />Agreement. <br />Page 3 of 6 <br />
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