11-27-2000 Council Packet - Laserfiche WebLink

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ill I,r - PARTY CLAIMS WHICH MAY RESULT FROM THE USE OF THE CIS DATA, EVEN IF THE COUNCIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. 4.02 Sole Remedies. User’s sole and exclusive remedy for breach of these limited warranties shall be to return the GIS Data to the Council within sixw (60) days of receipt. The Council shall, at its own discretion, retain the returned GIS Data and refund the fee for the license, or replace or repair the GIS Data and return the GIS Data to User. 4.03 Liability. Subject to the warranty disclaimers in paragraph 4.01 of this License Agreement, each party agrees that it will be responsible for its own acts and omissions under this License Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under this License Agreement and the results thereof. The Council’s liability for claims based on alleged or actual inaccuracies in the GIS Data arising from the use of the GIS Data is governed by Minnesota Statutes section 466.03, subdivision 21. Nothing in this License Agreement shall be construed as a waiver on the part of the Council, or any Public User, of any immunities or limits on liability* provided by Minnesota Statutes Chapters 3 or 466, or other applicable state or federal law. V.General Terms and Conditions 5.01 Invalidity and Severability. If any term or provision of this License Agreement or the application of this License Agreement or its provisions to any person or circumstance shall to any e.xtent be declared or found invalid or unenforceable, the remainder of this License Agreement shall not be affected by that invalidity or unenforceability. Each term and provision of this License Agreement shall be valid and ‘ enforced as w-ritten to the e.xtent permitted by applicable law. 5.02 Amendment. The terms and provisions of this License Agreement may be changed or modified only by mutual agreement of the Council and User. Such amendment, changes or modifications shall be effective only on the e.xecution of written amer.dment(s) signed by the authorized representatives of the Council and User. 5.03 Governing Law. This License Agreement shall be governed by and interpreted pursuant to the laws of the State of Minnesota, excluding its choice of laws rules, and applicable fede.ral law. 5.04 Waiver. No waiver of any breach or violation of this License Agreement shall constitute a waiver of any subsequent breach or violation, whether of the same or any other covenant, term or condition. Subsequent performance of any of the terms, covenants or conditions of this License .Agreement shall not constitute a waiver of any preceding breach or violation, regardless of the other party's knowledge of the preceding breach or violation at the time of subsequent performance. The delay or omission of any party’s exercise of any right arising from any default shall no: affect or impair the party’s rights regarding the same or future default. 5.05 Assignment. User shall not assign, sublet or transfer this License Agreement in whole or in part, without the prior written consent of the Council. Any anempt to assign, sublet or transfer this License Agreement without prior written consent shall be void and of no force and effect. 5.06 Correspondence. Correspondence regarding this License .Agreement or the GIS Data shall be directed to the Council at the following addresses: (a)Written correspondence:Metropolitan Council Community Development Division Attn: GIS Superv isor Page 4 of 5 Pages t r~a.rk.IM.