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b)USER hereby provides the COUNTY, subject to reasonable security rules of USER, full,
<br />safe and free access to said County-owned communications equipment; adequate workspace, heat, light
<br />and ventilation; all necessary electrical facilities - all of the foregoing at no cost to the COUNTY.
<br />c)Except to the extent of the negligence of the COUNTY, USER hereby assumes and shall
<br />bear risk of loss and damage to the County -owned communications equipment from any and every cause
<br />whatsoever, whether or not insured.
<br />d)In the event of loss or damaze of any kind to the County'-owned communications equipment,
<br />or any part thereof, at the option of the COUNTY', USER shall (1) pay COUNTY for placing the same in
<br />good repair, condition and working order; or (2) pay COUNTY therefor in cash the loss value as
<br />reasonably determined by COUNTY.
<br />e)USER shall not make repair to or alter, align, dismantle, remove, relocate, modify and/or
<br />replace any of said county-owned commur .ations equipment without the express written consent of the
<br />County.
<br />f)Title to said County-owned communications equipment, at all times, shall remain in the
<br />COUNTY, and at all times USER will protect and defend said title, at USER'S cost and e.xpense, from
<br />and against ail claims, liens and legal processes of creditors of the USER and keep all such equipment
<br />free and clear from all such claims, liens and processes. Said equipment is and shall remain personal
<br />property.
<br />B.It is understood and agreed that if it is determined by the COUNTY that it is necessary to allocate time
<br />and capacity utilization of the computer system in order to carry out COUNTY activities properly, the COUNTY
<br />may without any liability whatsoever reduce or discontinue service for such length of time as the COUNTY may
<br />deem appropriate. The COUNTY, in good faith, shall endeavor to notify the USER prior to any such service
<br />interruption whenever the COUNTY shall determine the pertinent circumstances reasonably permit such
<br />notification.
<br />C.The hours of service furnished hereunder are subject to the provisions of paragraph D and generally
<br />limited to the business hours observed by the COUNTY at the Hennepin County' Government Center and,
<br />therefore, will be observed as follows:
<br />1.Monday through Friday - 8:00 a.m. to 5:00 p.m.
<br />2.Service will not be available on holidays or other time off
<br />observed by the COUNTY.
<br />3.The COUNTY reserves the right to change said business hours
<br />and shall give wrinen notice to USER of any such change.
<br />From time to time service may also be available (at the County ’s sole discretion) at times beyond normal
<br />business hours.
<br />D.1. The COUNTY does not warranty or guarantee the performance of the main computer system, the
<br />telephone lines and/or cabling, or any software and’or equipment in connection or in association with any or all of
<br />the foregoing, nor does the COUNTY warranty O' guarante.; any programming utilized in any of the above.
<br />Further, the COUNTY shall have no obligation or liability' whauoever concerning any aspect of the telephone
<br />lines, including, without limitation, their installation, de-installation, repair, operation, malfunctioning,
<br />maintenance, implication or circumstance regarding injury to person or property and'or signal/data transmission
<br />quality' or deficiencies. It is specifically understood by the USER that changes and adjustments are made in the
<br />official records from time to time which may be in process at any given time; and, under the circumstances, the
<br />information received by the USER will be subject to such changes and adjustments. Accordingly, eirors or
<br />omissions may occur in the data received on or through the pertinent equipment utilized by or servicing the USER.
<br />Further, the USER specifically understands and agrees that the service furnished under this Agreement is subject to
<br />the temporarv or permanent inability of the COUNTY to furnish either and also is subject to errors, omissions,
<br />damages, reductions, discontinuances, malfunctions, inoperativeness, scheduled downtimes, delays or interruptions
<br />which may be due to any one or a combination of a wide spectrum of causes. While the COUNTY shall endeavor
<br />in good faith to maintain a high degree of accuracy and efficiency in the services provided hereunder, the sole and
<br />exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY liability of any kind
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