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2008-10-08 CC Packet
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2008-10-08 CC Packet
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<br />INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR <br />PURPOSE, MERCHANTABIUTY OR THE ACCURACY AND COMPLETENESS OF THE <br />P1CTOMETRY IMAGERY. <br /> <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 OOES NOT WARRANT 'THAT THE <br />PICTOMETRY IMAGERY ARE ERROR FREE. THE PlCTOMETRY 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 US EO 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 /> <br />5.7 Damages. The County and the Ucensee 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 acta 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 shaH be governed by the provisions of the <br />Municipal Tort Claims Act, Minnesota Statutes Chapter 486, and other applicable law. This <br />paragraph shall not be construed to bar legal rem9die..~ ol"\e party may have for the other <br />carty's failure to fulfill its obliaations under this Agreement <br /> <br />5.8 Compliance. The parties shall comply with all applicable fadera', s.tate and local statutes, <br />regulations. rules and ordinances in force or hereafter enacted. <br /> <br />5.9 Notice. Any notice or demand shall be in writing and shall be sent registered or cP....rtifted <br />mail to the other cartv address as foJicws: <br /> <br />Tn I i,....,.,..,~pp. <br /> <br />To COUnty: Anoka Count'; Adm;nistrator'~ Office <br />~'f) David M!!"kl!!t <br />2100 Third Avenue <br />Anoka, MN 55303 <br /> <br />Copy to: Anoka County Attorney's Office <br />2100 Third Avenue <br />Anaka! MN 55303 <br /> <br />-3- <br />
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