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;.
<br /> C. It is understood and agreed that if it is determined by the COUNTY that it is necessary
<br /> • to allocate time and capacity utilization of the computer system in order to carry out COUNTY
<br /> activities properly, the COUNTY may reduce or discontinue service for such length of t#me as
<br /> the COUNTY may deem appropriate. The COUNTY, in good faith, shall endeavor to notify
<br /> � � the SUBSCRIBER prior to any such service interruption whenever the COUNTY shall
<br /> determine the pertinent circumstances reasonably permit such notification. .
<br /> D. The hours of service furnished hereunder are subject to tfie provisions of paragraph D
<br /> and generally limited to the business hours observed by the COUNTY at the Hennepin
<br /> County Government Center and, therefore, will be observed as follows:
<br /> 1. Monday through Friday- 8:00 a.m. to 5:00 p.m.
<br /> 2. Service will not be available on holidays or other time off
<br /> observed by the COUNTY. .
<br /> 3. The COUNTY reserves the right to change said business hours
<br /> and shall give written notice to SUBSCRIBER of any such change.
<br /> Access to this service may also be available (at the COUNTY's sole discretion)
<br /> at times beyond normal business hours.
<br /> E. 1. The COUNTY does not warrant or guarantee the performance of the main
<br /> computer system, the telephone lines and/or cabling, or any soffinrare and/or equipment in
<br /> connection or in association with any or all of the foregoing, nor does the COUNTY warrant or
<br /> guarantee any programming utilized in any of the above. Further, the COUNTY shall have no
<br /> obligation or liability whatsoever concerning any aspect of the telephone line or frame relay
<br /> . lines. It is specifically understood by the SUBSCRIBER that changes and adjustments are
<br /> • made in the official records from time to time which may be in process at any given time; and,
<br /> �under the circumstances, the information received by the SUBSCRIBER will be subject to
<br /> , such changes and adjustments. Accordingly, errors or omissions may occur in the data
<br /> received on or through the pertinent equipment utilized by or servicing the SUBSCRIBER.
<br /> Further, the SUBSCRIBER specifically understands and agrees that the service furnished
<br /> under this Agreement is subject to the temporary or permanent inability of the COUNTY to
<br /> furnish either and also is subject to errors, omissions, damages, reductions, discontinuances,
<br /> malfunctions, inoperativeness, scheduled downtimes, delays or interruptions which may be
<br /> due to any one or a combination of a wide spectrum of causes. While the COUNTY shall
<br /> endeavor in good faith to maintain a high degree of accuracy and efficiency in the services
<br /> provided hereunder, the sole and exclusive remedy for any breach of this Agreement by the
<br /> COUNTY and for COUNTY liability of any kind whatsoever, including but not limited to liability
<br /> for nonperformance or any deficiencies with respect to said services, shall be limited to
<br /> restoring the services and/or any deficiency in said service as is reasonably possible under
<br /> the pertinent circumstances. SUBSCRIBER fully understands and agrees that the COUNTY
<br /> may change, modify and/or replace said computer system and any components thereof
<br /> including, without limitation, any related equipment, software, wiring and/or cabling, and.that, . �
<br /> incidental thereto, any such change, etc. could possibly extinguish or impair the compatibility �
<br /> between SUBSCRIBER's equipment and said computer system, thus necessitating, perhaps,
<br /> the replacement of, changes to, and/or modification of SUBSCRIBER's equipment to access
<br /> said computer system; and that in any such event the COUNTY will in no manner be liable for
<br /> the costs and/or damages which are sustained by SUBSCRIBER and which are, in any
<br /> respect, associated, directly or indirectly, with any or all of the foregoing occurrences but that
<br /> SUBSCRIBER shall bear the full costs thereof. In no event shall the COUNTY be liable for
<br /> actual, direct, indirect, special, incidental, consequential damages (even if the COUNTY has
<br /> �
<br /> IT FoRn Contract
<br /> Rev.Nov.,2002
<br /> 2
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