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INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR <br /> PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE <br /> PICTOMETRY IMAGERY. <br /> THE COUNTY'S SOLE LIABILITY AND THE LICENSEE'S EXCLUSIVE REMEDY FOR <br /> ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE PICTOMETRY <br /> IMAGERY FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO <br /> TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE <br /> PICTOMETRY IMAGERY ARE ERROR FREE. THE PICTOMETRY IMAGERY WERE <br /> DEVELOPED AND /OR LICENSED FOR THE COUNTY'S OWN INTERNAL BUSINESS <br /> PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE PICTOMETRY <br /> IMAGERY CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE <br /> REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR <br /> PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY <br /> DISCLAIMS ANY OTHER RRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS <br /> LICENSE AGREEMENT OR THE PICTOMETRY IMAGERY. <br /> 5.7 Damages. The County and the Licensee agree each will be responsible for their own acts <br /> and omissions under this Agreement and the results thereof to the extent authorized by law <br /> and shall not be responsible for the acts or omissions of the other party under the <br /> Agreement and the results thereof. In no event shall the County be liable for actual, direct, <br /> indirect, special, incidental, consequential damages (even if the County has been advised of <br /> the possibility of such damage) or loss of profit, loss of business or any other financial loss <br /> or any other damage arising out of performance or failure of performance of this Agreement <br /> by the County. The parties' respective liabilities shall be governed by the provisions of the <br /> Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This <br /> paragraph shall not be construed to bar legal remedies one party may have for the other <br /> party's failure to fulfill its obligations under this Agreement. <br /> 5.8 Compliance. The parties shall comply with all applicable federal, state and local statutes, <br /> regulations, rules and ordinances in force or hereafter enacted. <br /> 5.9 Notice. Any notice or demand shall be in writing and shall be sent registered or certified <br /> mail to the other party address as follows: <br /> To Licensee: <br /> To County: Anoka County Administrator's Office <br /> 2100 Third Avenue <br /> Anoka, MN 55303 <br /> Copy to: Anoka County Attorney's Office <br /> 2100 Third Avenue <br /> Anoka, MN 55303 <br /> 5.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this <br /> -3- <br /> 95 <br />