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Resolution 4553
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Resolution 0001-7547
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Reso 4500 - 4599 (July 10, 2000 - January 22, 2001)
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Resolution 4553
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12/21/2022 2:13:55 PM
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11/17/2015 11:52:12 AM
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, . . � <br /> � � e�Do� � <br /> • Section 6 <br /> INJUNCTIVE RELIEF <br /> � 6.1 The Entity acknowledges and a�ees that unauthorized disclosure or use of the EPDB or <br /> . any part thereof could cause irrepazable harm and si�nificant injury to the County,which <br /> � � �may be difficult to measure�vith 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 /> of the foregoing undertakin�s,in addition to any other equitable or legal remedies which <br /> may be available. <br /> Section 7 � <br /> OTHER TERitiZS AlYD COYDITIONS <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 other form of business <br /> association between the parties hereto. . • <br /> 7.2 No�Vaiver. No delay or omission by either party hereto to exercise any right or power <br /> occLUring upon any noncompliance or default by the other party with respect to any of the <br /> � ' � . terms of this Agreement shall impair any such right or power or be construed to be a � <br /> � waiver thereof uriless 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 construed 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 /> available to either party at la�v, in equity,or othenvise. <br /> 73 Governing Lasv. This A�reement shall be governed by and construed in accordance <br /> with the laws of the State of Minnesota. <br /> � 7.4 Entire Agreement. This License Ao eement constitutes the entire Agreement between <br /> � . the parties, and there are no understandin�s or aa eeinents relative hereto other than those . <br /> � that are expressed herein. No change,waiver, or discharge hereof shall be valid unless in ' � <br /> writing and executed by the party a?ainst whom such chan�e,waiver, or discharge is <br /> sought to be enforced. � � <br /> 7.5. No Assibnment. Neither party shall assi?n, sublet or transfer this Agreement, either in <br /> �vhole or in part,without the prior written consent of the other parry, 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 FURl�tISHING THE EPDB O� <br /> � AN "AS IS" BASIS,`YITHOUT ANY SUPPORT`YHATSOEVF,R,AND � <br /> ' «ITHOUT REPRESENTATION OR ANY EXPRESS OR II�IPLIED <br /> 5 <br />
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