2017-05-10 CC Packet - Laserfiche WebLink

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3.2 Sole Remedies. User's sole and exclusive remedies for breach of these limited warranties shall be as follows: (a) User may return the MTP to the District, which, at its discretion, may replace or repair the MTP and return the MTP to User; or (b) User may terminate this License Agreement in accordance with section 2, above. 3.3 Indemnification. User shall hold harmless, defend and indemnify the District, its officers, board members, employees and agents from any and all actions, costs, damages and liabilities of any nature related to User's use of the MTP, to the extent permitted by law. Nothing in this License Agreement shall be construed to waive any immunity, defense or limit on liability applicable to the District or User, or otherwise to create any right in User other than the remedies of section 3.2, or any right in any third parry. 3.4 Acknowledgement. The MTP incorporate data compiled or generated by third parties including the City of Blaine. 4. General Terms and Conditions 4.1 Whereas Clauses. All recitals included in this License Agreement are incorporated into and considered a part of the Agreement. 4.2 Amendment. The terms of this License Agreement may be amended only by written agreement of the District and User. 4.3 Governing Law. This License Agreement shall be governed by and interpreted according to the laws of the State of Minnesota. 4.4 Waiver. No waiver of any violation of this License Agreement shall constitute a waiver of any subsequent violation, whether of the same or of any other term. Subsequent performance of any of the terms of this License Agreement shall not constitute a waiver of any preceding violation, regardless of the other party's knowledge of the preceding violation at the time of subsequent performance. The delay or omission of any party's exercise of any right arising from any default shall not affect or impair the party's rights regarding the same or future default. 4.5 No Agency. The District and User are independent parties for all legal purposes hereunder, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties. 4.6 Assignment. User shall not assign, sublet or transfer this License Agreement in whole or in part, without the prior written consent of the District. Any attempt to assign, sublet or transfer this License Agreement without prior written consent shall be void and of no force or effect. 20