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7.1 <br />7.2 <br />b-’ <br />7.3 <br />7.4 <br />7.5 <br />7.6 <br />7 . 7 <br />Section 7 <br />miscellaneous <br />No Agency. The parties hereto are Independent contractors and nothing <br />herein shall be construed to create an agency. JoiJ'C venture, <br />partnership or other form of business association between the parties <br />hereto. <br />Iny such right or power or be construed to be a waiver thereof unless <br />the same Is consented to In writing. A waiver by either of <br />hereto of any of the covenants, conditions, or agreements .o be obse^ed <br />by the other shall not be construed to be a waiver of any succeeding <br />breach thereof or of any co%enant. condition, or agreement herein <br />contained. All remedies provided for <br />cumulative and in audition to. and not In lieu of. any other remedies <br />available to either party at law. In equity, or otherwise. <br />Governing Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of .Minnesota. <br />waiver, or discharge hereof shall be valid unless in writing an <br />executed by the party against whom such change, waiver, or discharge is <br />sought to be enforced. <br />No Assign-ment. Neit.her party shall assign, sublet or transfer this <br />Agreement, either in whole or in part, without the prior written consent <br />of the ocher party, and any attempt to do so shall be void and of no <br />force and effect. <br />T-HF entity agrees that the county is furnishing the proprietary data <br />BASE ON an "AS IS" BASIS. WITHOUT ANY SUPPORT WHATSOEVER. AND WITHOUT <br />representation OR WARRANTY. INCLUDING BUT NOT IN ANY MANNER LIMITED TO. <br />FITNESS. MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE <br />proprietary data BASE. <br />THE COUNTY'S SOLE LIABILITY A.ND THE ENTITY'S EXCLUSIVE REMEDY FOR ANY <br />AGREEMENT. <br />In no event snail the County be liable for actual, direct, indirec.. <br />special, incidental, consequential damages (even if the County has been <br />advised of the possibility of such damage) or loss of profit, loss ot <br />business or any other financial loss or any other damage arising ouc^ot <br />performance or failure of performance of this contract by the County.