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01-10-2005 Council Packet
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01-10-2005 Council Packet
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1/11/2023 10:42:50 AM
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7.7 <br />WARRANTIES, TNCLUDITS'G BUT NOT IN ANA' M.ANNER LTNOTEDiTO, <br />FITNESS FOR PARTICULAR PURPOSE, MERClLANTABILll'A' OR THE <br />ACCURACY AND COMPLETENESS OF THE EPDB. <br />THE COUNTY’S SOLE LLABILITY AND THE ENTITY’S EXCLUSIVE <br />REMEDY FOR ANY SUBSTANTLAL DEFECT MIHCH IMPAIRS THE USE OF <br />THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE lUGHT <br />TO TERMIN.ATE THIS AGREEMENT. <br />THE COUNTY DOES NOT WARRANT TILIT THE EPDB ARE ERROR FREE. <br />THE EPDB WERE DEVELOPED FOR THE COUNTY’S OWTs INTERN..\L <br />BUSINESS PURPOSES ANT) THE COUNTY DOES NOT REPRESENT THAT <br />THE EPDB CAN RE USED FOR NAVIGATIONAL, TRACKING OR ANT <br />OTHER PURPOSE REQUIRING EX.ACTING MEASUREMENT OF DISTANCE <br />OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAITIIC <br />FEATURES. <br />THE COUNTY DISCLAIMS ANT OTHER WARRANTIES, EXPRESS OR <br />IMPLIED, RESPECTING TIES LICENSE AGREEMENT OR THE El DB. <br />In no event shall the County be liable for actual, direct, mdirect, special, Incidental, <br />consequential damages (even if the County has been ad\nsed of the possibiUt)* of such <br />damage) or lost of profit, loss of business or any other financial less or any other damage <br />arising out of performance or failure of performance of this Agreement by the County. <br />The County and the Entit)' agree each vail be responsible for their own acts and <br />omissions under this Agreement and the results thereof ta the extent authorized by law <br />and shall not be responsible for the acts or omissions of the other party under the <br />Agreement and the results thereof. The parties’ respective liabilities shall be governed by <br />the provisions of the Municipal Tort Claims Act, Minnesota Starutes Chapter 465, and <br />other applicable law. This paragraph shall not be construed to bar legal remedies one <br />party may have for the other party’s fail'ure to fulfill its obligations unde: this Agreement. <br />7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified <br />mail to the other party’ address as follows: <br />To the Entity:Citv ofOro.no <br />2750 Kelley Parkway <br />Crystal Bay, MN 55323 <br />I <br />4
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