01-09-2006 Council Packet - Laserfiche WebLink

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results of City 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 County will not perform the electronic transmission and accumulation of votes cast in any other City elections. Section 7 OTHER TERMS AND CONDITIONS 7.1 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 No Warranty. The City agrees that the County is furnishing the Election and AVT Equipment on an "as is" basis, without representation or any express or implied warranties, other than those provided by ES&S, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Election and AVT Equipment. The City's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Election and/or AVT Equipment for the purposes stated herein shall be the right to terminate this agreement Page 5 of 7