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01-26-2015 Council Packet
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01-26-2015 Council Packet
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]6. LIMITATION OF LIABILITY. Except as otherwise specifically set forth in this Agreement, <br /> in no event shall either party be liable to the other party for, and each of the parties waives <br /> the right to seek, incidental, consequential or punitive damages of any kind. A party's <br /> exclusive remedy for any and all losses or damages resulting from the sale of delivered <br /> product to which these terms and conditions apply, including, without limitation, any <br /> allegation of breach of warranty,breach of contract, negligence or strict liability, is limited to <br /> the damages set forth herein. If Seller fails to deliver product, Buyer's exclusive remedy for <br /> any and all losses or damages hereunder is set forth in Paragraph 10 above. <br /> 17. TRANSFER OR ASSIGNMENT — Buyer agrees that this Agreement shall not be <br /> transferable or assignable without Seller's express written consent. <br /> 18. GOVERNING LAW — This Agreement shall be interpreted and governed in all respects by <br /> the laws of the State of Georgia. Both parties hereby consent to the exclusive jurisdiction <br /> and venue of the courts of Georgia. <br /> 19. SEVERABILITY OF PROVISIONS — Each provision of this Agreement is severable from <br /> all other provisions in the Agreement. If any provision in this Agreement is declared invalid <br /> or unenforceable,the remaining provisions shall remain in effect. <br /> 20. NOTICES — All written notices or other communications under this Agreement shall be <br /> deemed duly given when made in writing and delivered in hand, or upon receipt when properly <br /> addressed return-receipt-requested and delivered by United States Postal Service or other <br /> delivery service to the following addresses: <br /> Buyer: <br /> Attn: <br /> Seller: Mansfield Oil Company of Gainesville, Inc. <br /> 1025 Airport Parkway, SW <br /> Gainesville, GA 30501 <br /> Attn: <br /> With a copy to: General Counsel, Same Address <br />
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