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Resolution 4379
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Resolution 0001-7547
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Reso 4300 - 4399 (May 24, 1999 - December 13, 1999)
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Resolution 4379
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12/21/2022 2:11:39 PM
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11/17/2015 1:01:48 PM
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Section 6 <br /> • INJUNCTIVE RELIEF <br /> 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or <br /> any part thereof could cause irreparable harm and significant 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 undertakings,in addition to any other equitable or legal remedies which <br /> may be available. <br /> Section 7 <br /> OTHER TERMS AND CONDITIONS <br /> 7.1 No Agency. The parties hereto are independent contractors, and nothing herein sliall 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 Waiver. No delay or omission by either party hereto to exercise any right or power <br /> occumng 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 law, in equity, or otherwise. <br /> 7.3 Governing Law. This Agreement shall be governed by and construed in accordance <br /> with the laws of the State of Minnesota. <br /> 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between <br /> the parties, and there are no understandings or agreements 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 against whom such change,waiver, or discharge is <br /> sought to be enfor�ed. � . <br /> 7.5. No Assignment. Neither parry shall assign,sublet or transfer this Agreement,either in <br /> whole or in part,without the prior written consent of the other party, 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 FURNISHING THE EPDB OIV <br /> , AN "AS IS"BASIS,WITHOUT ANY SUPPORT VV�IATSOEVER,AND . � <br /> WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED <br /> 5 " <br />
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