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2017-05-10 CC Packet
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2017-05-10 CC Packet
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3.2 Sole Remedies. User's sole and exclusive remedies for breach of these limited <br />warranties shall be as follows: (a) User may return the MTP to the District, which, at its <br />discretion, may replace or repair the MTP and return the MTP to User; or (b) User may <br />terminate this License Agreement in accordance with section 2, above. <br />3.3 Indemnification. User shall hold harmless, defend and indemnify the District, its <br />officers, board members, employees and agents from any and all actions, costs, damages <br />and liabilities of any nature related to User's use of the MTP, to the extent permitted by <br />law. Nothing in this License Agreement shall be construed to waive any immunity, <br />defense or limit on liability applicable to the District or User, or otherwise to create any <br />right in User other than the remedies of section 3.2, or any right in any third parry. <br />3.4 Acknowledgement. The MTP incorporate data compiled or generated by third <br />parties including the City of Blaine. <br />4. General Terms and Conditions <br />4.1 Whereas Clauses. All recitals included in this License Agreement are incorporated <br />into and considered a part of the Agreement. <br />4.2 Amendment. The terms of this License Agreement may be amended only by written <br />agreement of the District and User. <br />4.3 Governing Law. This License Agreement shall be governed by and interpreted <br />according to the laws of the State of Minnesota. <br />4.4 Waiver. No waiver of any violation of this License Agreement shall constitute a <br />waiver of any subsequent violation, whether of the same or of any other term. Subsequent <br />performance of any of the terms of this License Agreement shall not constitute a waiver <br />of any preceding violation, regardless of the other party's knowledge of the preceding <br />violation at the time of subsequent performance. The delay or omission of any party's <br />exercise of any right arising from any default shall not affect or impair the party's rights <br />regarding the same or future default. <br />4.5 No Agency. The District and User are independent parties for all legal purposes <br />hereunder, and nothing herein shall be construed to create an agency, joint venture, <br />partnership or other form of business association between the parties. <br />4.6 Assignment. User shall not assign, sublet or transfer this License Agreement in <br />whole or in part, without the prior written consent of the District. Any attempt to assign, <br />sublet or transfer this License Agreement without prior written consent shall be void and <br />of no force or effect. <br />20 <br />
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