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01-12-2004 Council Packet
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01-12-2004 Council Packet
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• • <br />• • <br />7.7 <br />7.8 <br />WARRANTIES, INCLUDING BUT NOT IN ANY MANNER.LIMlTED»TO, <br />FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE <br />ACCURACY AND COMPLETENESS OF THE EPDB. <br />THE COUNTY'S SOLE LIABILITY AND THE ENTITY'S EXCLUSIVE <br />REMEDY FOR ANY SUBSTANTIAL DEFECT WmCH IMPAIRS THE USE OF <br />THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT <br />TO TERMINATE THIS AGREEMENT. <br />THE COUNTY DOES NOT WARRANT THAT THE EPDB ARE ERROR FREE. <br />THE EPDB WERE DEVELOPED FOR THE COUNTY'S OWN INTERNAL <br />BUSINESS PURPOSES AND THE COUNTS' DOES NOT REPRESENT THAT <br />THE EPDB CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY <br />OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE <br />OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC <br />FEATURES. <br />THE COUNTY DISCLAIMS ANY OTHER WARRANTIES,: 'XPRESS OR <br />IMPLIED, RESPECTING THIS LICENSE AGREEMENT O d THE EPDB. <br />In no event shall the County be liable for actual, direct, mdirect, special, incidental, <br />consequential damages (even if the County has been advised of the possibiliQr of such <br />damage) or lost of profit, loss of business or any other financial loss or any other damage <br />arising out of performance or failure of perfotma::ce of this Agreement by the CounQr. <br />The County and the Entity agree each will be responsible for their own acts and <br />omissions under this Agreement and the results thereof to the extent authorized by law <br />and shall not be responsible for the acts or omissions of the odier 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, Miimesota Statutes Chapter 466, 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 failure to fulfill its obligations tmder this Agreement <br />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:CityofOrono <br />2750 Kelley Parkway <br />Crystal Bay, MN 55323 <br />I <br />I
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