09-25-2017 Council Packet - Laserfiche WebLink

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6.4 Results Transmission and Accumulation. For a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the odd - numbered years, the City, in its sole discretion, may elect to have Hennepin County perform the electronic transmission and accumulation of results of City and School District races in the primary and general election, at a cost of $100 per polling place for the primary, and $100 per polling place for the general election. The School District is responsible for paying to the City any accumulation costs prorated upon the number of columns devoted to the School District's races on the ballot. Section 7 OTHER TERMS AND CONDITIONS 71 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.3 Entire Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 7.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.5 Limited Warranty. The City warrants that it has obtained express written permission of the Hennepin County's Election Manager, or his/her designee to sublease the Election Equipment and AVT Equipment to the School District. 171938v3 Page 5 of 8