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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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6113 <br /> WARRANTIES,INCLUDING BUT NOT IN ANY MANNER LIlVIITED TO, <br /> FITNE"�S FOR PARTICULAR PURPOSE,MERCHANTABILITY OR THE <br /> ACCURACY AND COMPLETENESS OF THE EPDB. <br /> THE COUNTY'S SOLE LIABILTTY AND THE ENTITY'S EXCLUSIVE <br /> REMEDY FOR ANY SUBSTANTIAL DEFECT WffiCH IMPAIRS THE USE OF <br /> THE EPDB FOR THE PURPOSE STATED HEREIN SIiALL 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 TI�E COUNTY'S OWN INTERNAL <br /> BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT <br /> THE EPDB CAN BE USED FOR NAVIGATIONAL,TRACKING OR ANY <br /> OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE <br /> C}R DIRECTION OR PRECISIUN IN TH� DEPICTION OF GEOGRAPHIC <br /> FEATURES. <br /> THE COUNTY DISCLAIMS ANY OTHER WARRANTIES,EXPRESS OR <br /> IIVIPLIED,RESPECTING THIS LICENSE AGREEMENT OR THE EPDB. <br /> 7.7 In no event shall the County be liable for actual, direct,indirect,special,incidental, <br /> consequential damages (even if the County has been advised of the possibility 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 performance of this Agreement by the County. <br /> The County and the Entity agree each will be responsible for their own acts and <br /> omissions under this Agreement and the resutts thereof to the extent authorized by law <br /> and shall not be responsible for the acts or omissions of the other 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,Minnesota Statutes Chapter 466,and <br /> other applicable law. This paragraph shall not be consh�ued t�bar legal remedies one <br /> party may have for the other party's failure to fixlfill its obligations under this Agreement. <br /> 7.8 Notice. Any notice or demand shall be in writing and sha11 be sent registered or certified <br /> mail to the other party address as follows: <br /> To the Entity: City of Orono <br /> 2750 Kelley Parkway <br /> Crystal Bay,MN 55323 <br /> 6 <br />
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