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Resolution 6113
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Reso 0001-7499
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Reso 6100 -6199 - December 12, 2011 - January 14, 2013
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Resolution 6113
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10/26/2015 11:16:51 AM
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10/26/2015 11:16:51 AM
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. . � � �� � <br /> Section 6 <br /> INJUNCTIVE RELIEF <br /> 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or <br /> any part fhereof could cause irreparable hazm and significant injury to the County,which <br /> rnay be difficult to measure with certainty or to compensate through damages. <br /> Accordingly,the Entity agrees that the County may seek and obtain against the Entity <br /> and/or any other person or entity injunctive relief against the breach or threatened breach <br /> af the foregoing undertakings,in addition to any other equitable or legal remedies which <br /> may be available. <br /> Section 7 <br /> OTHER TERMS AND CONDITIONS <br /> 7.1 No Agency. The parties hereto are independent contractors,and nothing herein shall be <br /> construed to create an agency,joint venture,partnership or ofher form of business <br /> association between the parties hereto. <br /> 7.2 No Waiver. No delay or omission by either party hereto to exercise any right or power <br /> occurring upon any noncompliance or default by the other parly with respect to any of the <br /> terms of tl�is Agreement shall impair any such right or power or be conshued to be a <br /> waiver thereof unless the same is consented to in wriTing. A waiver by either of the <br /> parties hereto of any of the covenants, conditions,or agreements to be observed by the <br /> other shall not be consirued to be a waiver of any succeeding breach thereof or of any <br /> covenant,condition,or agreement herein contained. All remedies provided for in this <br /> Agreement shall be cumulative and in addition to,and not in lieu of, any other remedies <br /> availabie to either party at law,in equity, or otherwise. <br /> 73 Governing Law. This Agreement shall be governed by and construed in accordance <br /> with the laws of the State of Minnesota. <br /> 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between <br /> the parties,and there aze no understa.ndings or agreements relative hereto other tha.n those <br /> that are expressed herein. No change, waiver,or discharge hereof shall be valid unless in <br /> writing and executed by the party against whom such change,waiver,or discharge is <br /> saught to be enforced. <br /> 7.5. No Assignmen� Neither party shall assign,sublet or transfer this Agreement,either in <br /> whole or in part,without the prior rvritten consent of the other party,and any attempt to <br /> do so shall be void and of no force and effect. <br /> 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURNiSffiNG TFIE EPDB ON <br /> AN"AS IS"BASI5,WITHOUT ANY SUPPORT WHATSOEVER,AND <br /> WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED <br /> 5 <br />
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