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Resolution 6021
Orono
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Reso 0001-7499
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Reso 6000 - 6099-December 13, 2010-December 12, 2011
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Resolution 6021
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10/28/2015 1:48:41 PM
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10/28/2015 1:48:40 PM
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� � 21 <br /> � WA�RRANTIES,INCLUDING BUT NOT IN ANY MANNER LINIITED TO, <br /> FITNESS FOR PARTICULAR PURPOSE,MERCHANTABILITY OR THE <br /> ACCUR.ACY AND COMPLETENESS OF THE�FDB. <br /> THE COUNTY'S SOLE LIAB�I,ITY AND THE ENTITY'S EXCLUSIVE <br /> REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF <br /> TI�E EPDB FOR THE PURPUSE STATED HEREIN SHALL SE 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 THE COUNTY'S QWN INTERNAL <br /> BUSINESS PURPOSES AND TI3E 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 /> OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC <br /> FEATURES. <br /> THE COUNTY DISCLAIMS ANY OTHER'WARRANTIES,EXPRESS OR <br /> IMPLIED,RESPECTING THIS LICENSE AGREEMENT OR TI�E EPDB. <br /> 7.7 In no event shall the County be liable for actual, direct,indirect, special,incidental, <br /> consequential damages (even if the Counfy has been advised of the possibility af such <br /> damage)or lost of profit, Ioss of business or any ofiher financial loss or any ather 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 results thereof ta the extent authorized by law <br /> and shall not be responsible for the acts or omissions of the other parry under the <br /> Agreement and the results thereof. The parties' respective liabilities shall be governed by <br /> the provisions of the Municipal Tort Cla.ims Act,Minnesota Statates Chapter 466, and <br /> other applicable law. This paragraph shall not be construed to bar legal remedies one <br /> party may have for the other parry's failure to fulfill its obligations under this Agreement. <br /> 7.8 Notice. Any notice ar demand shaII be in writing and shall be sent registered or certified <br /> mail to the other parly address as follows: <br /> To the Entity: City of Orono <br /> 275Q Kelley Parkway <br /> Crystal Bay,MN 55323 <br /> 6 <br />
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