01-10-2005 Council Packet - Laserfiche WebLink

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mm n Section 6 mJUNCTIVE RELIEF • r 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPD3 or any part thereof co-aid cause irreparable harm and significant injury- to tl-c County, which may be difficult to measure widi cervainty or to compensate throu^ darnages. Accordingly, the Entity agrees that the County may seek and obtain against the Entity ____4!.... tnp hr('*'ich or threatened b:c2and/or an-/ other person or entity injunctive relief against the breach or thucateacd breach of the foregomg undertaiongs, in addition to any other equitable o: legal remedies which may be available. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Agency. The parties hereto arc independent contractors, and nothlr.g herein shall be constmed to create an agency, jobt venture, partnership or other form of business association between the parties hereto. 7.2 No Waiver. No delay or omission by cither party hereto to exercise any right or power^ occurring upon any nonco.-npliance or default by the ober party with respect to imy ot me terms of tliis Agreement shall impair any such right or power or be constmed to be a waiver thereof unless te same is consented to b writing. A waiver by eitl-.er of tire parties hereto of any of the covenants, conditions, or agreements to be oose^-cd by me other shall not be construed to be a waiver of any succccdmg breach thcrcoa or of any covenant, condition, or agreement herein contabed. Ail remedies provided for m tbs Agreement shall be cumulative and in addition to, and not in lieu of, any other remcd.es available to citiicr party at law, in equity, or othervN-iSv. 7.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesot.a. 7.4 Entire Agreement. Ihis License Agreement constitutes the entire Agreement between the parties, and there are no understandings or agreements relative hereto other than those that arc expressed herein. Nc change, waiver, or discharge liereof shall be valid unless ir. writing and executed by the party against whom such change, wanver, or discharge is sought to be enforced. 7.5.No Assi"nment. Neither party shall assiga, sublet or uansfer this Agteemem, either b whole o ”in part, without the prior v.eitt;n consent of the o*et party, and any attempt to do so shall be void and of no force and cfiecl. 7.6 THE ENTITY AGREES THAT THE COUNTT’ IS FLTRNISllING THE EVDB ON an “AS IS” BASIS, WITHOUT ANT SUTPORT WHATSOEVER, AND ^v^T«^T^^orPurcr^-T*'rTovr^T, ...................