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Res. #17-008 - Approving State of MN JPA on Behalf of its City Attorney & PD
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Res. #17-008 - Approving State of MN JPA on Behalf of its City Attorney & PD
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9/6/2017 7:30:52 PM
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14. MODIFICATION OF FEES. Court may modify the fees by amending the <br />Policies & Notices as provided herein, and the modified fees shall be effective on the date <br />specified in the Policies & Notices, which shall not be less than thirty days from the publication <br />of the Policies & Notices. Subscriber shall have the option of accepting such changes or <br />terminating this Subscriber Amendment as provided in section 1 hereof. <br />15. WARRANTY DISCLAIMERS. <br />a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND <br />EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA <br />MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING <br />BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR <br />PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE <br />IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER <br />PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. <br />b. ACCURACY AND COMPLETENESS OF INFORMATION. <br />WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, <br />COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE <br />ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE <br />COURT RECORDS. <br />16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor <br />and shall not be deemed for any purpose to be an employee, partner, agent or fianchisee of the <br />Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA <br />shall have the right nor the authority to assume, create or incur any liability or obligation of any <br />kind, express or implied, against or in the name of or on behalf of the other. <br />17. NOTICE. Except as provided in section 2 regarding notices of or modifications <br />to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber <br />hereunder shall be deemed to have been received when personally delivered in writing or <br />seventy-two (72) hours after it has been deposited in the United States mail, first class, proper <br />postage prepaid, addressed to the party to whom it is intended at the address set forth on page <br />one of this Agreement or at such other address of which notice has been given in accordance <br />herewith. <br />18. NON -WAIVER The failure by any party at any time to enforce any of the <br />provisions of this Subsc n1w Amendment or any right or remedy available hereunder or at law or <br />in equity, or to exercise any option herein provided, shall not constitute a waiver of such <br />provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The <br />waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply <br />solely to the instance to which such waiver is directed. <br />14. FORCE M &MURE. Neither Subscriber nor Court shall be responsible for <br />67 <br />
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