Black Hills Energy_Contract signature page (added 5-5-2023)the remaining terms, provisions, rights and obligations shall not be affected and shall
remain in full force and effect.
SECTION 17. GOVERNING LAW. This Agreement shall be construed and enforced
in accordance with the laws of the state of Iowa.
SECTION 18. NON -WAIVER. No waiver by any party of any one or more defaults by
the other in performance of any of the provisions of this Agreement shall operate or be
construed as a waiver of any other existing or future default or defaults, whether of a
like or a different character.
SECTION 19. . ENTIRE AGREEMENT. This Agreement, including all exhibits, sets
forth the entire understanding of the parties and supersedes all prior agreements,
communications, representations or warranties, whether oral or written, by any officer,
employee or representative of either party.
SECTION 20. AMENDMENT. No modification or amendment of this Agreement shall
be binding upon either party unless in writing and signed by both parties.
SECTION 21. CUSTOMER AS A REFERENCE. BHE shall have the right to use
Customer as a reference and to arrange visits to Customer's facilities, with Customer's
prior knowledge and consent, by potential users of services similar to the Services
provided by BHE under this Agreement.
SECTION 22. RIGHTS TO PROPERTY AND PROCEDURES. Any and all computer
programs, licenses, documentation, procedures and instruction developed and used by
BHE in providing the Services are and shall remain the sole property of BHE. Customer
shall have no rights whatsoever to such property.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized officers as of the day and year first written below.
CITY OF DUBUQUE, IOWA
Roy D/Buol, Mayor
Attes
anne F. Schneider
CMC, City Clerk
BLACK HILLS/IOWA GAS UTILITY
D/B/A BLACK HILLS ENERGY
Typed Name
Title
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