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<br /> b) USER hereby provides the COLJNTY,subject to reasonable security rules of USER,full,
<br /> � safe and free access to said County-owned communications equipment;adequate workspace,heat,li�ht
<br /> and ventilation;all necessary electrical facilities-all of the fore�oin�at no cost to the COUNTY.
<br /> c) Except to the estent of the negligence of the COUNTY,USER hereby assumes and shall
<br /> bear risk of loss and damage to the County-o�med communications equipment from any and every cause
<br /> � ' � . �vhatsoever,whether or not insured. �
<br /> d) In the event of loss or damage of any kind to the Counry-o«ned communications equipment,
<br /> or any part thereof,at the option of the COLTNTY,USER shall(1)pay COLTNTY for placing the same in
<br /> good repair,condition and working order;or(2)pay COUNTY therefor in cash the loss value as
<br /> reasonably determined by COIJNTY.
<br /> e) USER shall not make repair to or alter,ali�,dismantle,remove,relocate,modify and/or
<br /> replace any of said county-owned communications equipment without the express�vritten consent of the
<br /> County.
<br /> , fl Title to said County-owned communications equipment,at all times,shall remain in the
<br /> � COLJNTY,and at all times USER will protect and defend said title,at USER's cost and expense,from
<br /> ° and against all claims,liens and legal processes of creditors of the USER and keep all such equipment
<br /> free and clear from all such claims,liens and processes. Said equipment is and shall remain personal
<br /> properiy.
<br /> . B. It is understood and agreed that if it is determined by the COUNTY that it is necessary to allocate time
<br /> and capacity utilization of the computer system in order to carry out COLJNTY activities properly,the COiJNTY
<br /> may without any liability whatsoever reduce or discontinue service for such len�h of time as the COLTNTY may
<br /> deem appropriate. The COUNTY,in;ood faith,shall endeavor to notify the USER prior to any such service
<br /> interruption�vhenever the COUNTY shall determine the,pertinent circumstances reasonably permit such
<br /> • ' notification. � � �
<br /> C. The hours of service furnished hereunder are subject to the provisions of para�raph D and generally
<br /> limited to the business hours observed by the COiJNTY at the Hennepin County Government Center and,
<br /> therefore,will be observed as follows:
<br /> 1. Monday through Friday-8:00 a.m.to�:00 p.m.
<br /> 2. Service will not be available on holidays or other time off
<br /> observed by the COUNTY. �
<br /> 3. The COIJNTY reserves the right to chan�e said business hours
<br /> and shall�ive written notice to USER of any such chan�e.
<br /> From time to time service may also be available(at the Counry's sole discretion)at times beyond normal
<br /> business hours.
<br /> D. 1. The COUNTY does not warranty or guarantee the performance of the main computer system,the
<br /> telephone lines and/or cablin�,or any software and/or equipment in connection or in association with any or all of
<br /> the fore�oin„nor does the COUNTY warranty or guarantee any programmin�utilized in any of the above.
<br /> . Further,the COLJNTY shall have no obligation or liability whatsoever concernin�any aspect of the telephone
<br /> lines, including,without limitation,their installation,de-installation,repair,operation,malfunctioning,
<br /> maintenance,implication or circumstance re�arding injury to person or property and/or si�naUdata transmission
<br /> quality or deficiencies. It is specifically understood by the USER that changes and adjustments are made in the
<br /> official records from time to time�vhich may be in process at any given time;and,under the circumstances,the
<br /> information received by the USER�vill be subject to such changes and adjustments. Accordin�ly,errors or
<br /> omissions may occur in the data received on or throuah the pertinent equipment utilized by or servicin�the USER.
<br /> Further,the USER specifically understands and a�rees that the service fumished under this Agreement is subject to
<br /> the temporary or permanent inability of the COUNTY to furnish either and also is subject to errors,omissions, '
<br /> damages,reductions,discontinuances,malfunctions,inoperativeness,scheduled do�vntimes,delays or interruptions
<br /> • which may be due to any one or a combination of a wide specmun of causes. ��'hile the COLTNTY shall endeavor
<br /> in good faith to maintain a hi�h de�ree of accuracy and efficiency in the services provided hereunder,the sole and
<br /> exclusive remedy for any breach bf this AQreement by the COUNTY and for COUNTY liability of any kind
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