Laserfiche WebLink
w <br /> A. in the event Town� ails to... pay PWS all amounts due hereunder, 3.. WS will entitled, �� permitted <br /> by Applicable Law,to file suit to.seel recovery of said amounts representing actual damages. <br /> Notwithstanding the foregoing,, in the event Town has a good faith dispute regarding NBWS's invoice, it <br /> shall be entitled to withhold such am <br /> ounts from'payment pending final settlement and/or adjudication . <br /> of Town's claim and such withholding',shall not be considered a Town Event of Default pursuant to <br /> Section 16.E 1 above and the Parties shall continue performance hereunder pending final settlement <br /> w' <br /> and/or adjudication"of Town's claim. Upon final settlement and/or adjudication of Town�s claim, <br /> " <br /> NBSW's next monthly invoice shall be adjusted accordingly to reflect the outcome. <br /> B. Further w <br /> Assurances. Each Party agrees to execute and deliver any nstrum nt and to perform any acts <br /> that may be n cessary,or reasonably requested in order to give full effect to thisAgreement; <br /> y <br /> C. � � as'otherwise w w herein, no Pam"shall have any. . <br /> t� � the � � Except a,� other�x�e explicitly provided , <br /> " <br /> responsibility whatsoever with respect to services provided o�r contractual obligations assumed by the <br /> other Party and nothing in this Agreement shall be deemed to constitute any Party a partner, agent or <br /> legal representative of any other Party, nor,to create any fiduciary relationship between or among the. <br /> Parties <br /> D. Notices. Except as otherwise expressly provided in this Agreement, any notices or communication <br /> required or permitted hereunder shall be in rriting and sufficiently given if delivered in�persor or sent <br /> b certified or registered snail, postage re aid, by commercial overnight courier, b telec+ <br /> . �w p � p w w �� � °' pyreceipt <br /> confirmed) or by electronic snail as follows <br /> Changes in the respective addresses to which such notices may be directed may be made from <br /> time to time by any Party by written notice to,the other Party: <br /> E. <br /> f w i ..f;. «ram. ,. eeme1,u,-j -M1 Ne <br /> Wa'verlhIthe waiver b erth�er Pert of a default or a breach. or any provision o� �hcs r <br /> " <br /> other Party shall not operate or be construed to operate as a waiver of any other provision or <br /> subsequ-ent default or.breach. The mial ing or the acceptance of a payment by either Party with <br /> knowledge of the existence of a default or broach shall riot operate or be construed to operate as a <br /> waiver of that or,any subsequent default or breach. <br /> P. -Modifications. The provisions of thews greernenrshall a constitute the entire agreement between the <br /> Parties, and b .be modified only in writing duly executed by the Party to be bound. <br /> G-4 Headings. captions and headings in this Agreement are for ease of reference only an,d do-not <br /> constitute a pad of this Agreement. <br /> H Governing La'w/Dispute Resolution. This Agreement and any question concerning its validity, <br /> construction or performance shall be governed by Massachusetts lair,,i <br /> l rrespective of the principles of <br /> conflicts of lair and this Agreement sh� all be enforceable, in whole or part., in a,court of competent <br /> "urisdictio-n located in the Commonwealth of Massachusetts. the Parties agree that any controversy, <br /> dispute or clam arising out of or relating to this Agreement or a breach of any of the terms o-r <br /> » <br /> conditions of this Agreement, which cannot be resolved by the Parties within thirty 3 days after <br /> written notice by either Party, may be subject to nonbinding mediationby mutual agreement of <br /> thePartiesw <br /> " �.... <br /> WASTE DISPOSAL AGREEMENT' Page 11 <br />