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pf_03520
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pf_03520
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Last modified
7/17/2007 2:02:45 PM
Creation date
6/28/2005 3:53:38 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3520
Planning Files - Type
Miscellaneous
Project Name
GIS MAPPING
Status
Approved
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<br />WARRANTIES, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, <br />FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE <br />ACCURACY AND COMPLETENESS OF THE EPDB. <br /> <br />THE COUNTY'S SOLE LIABILITY AND THE ENTITY'S EXCLUSIVE <br />REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF <br />THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO <br />TERMINATE THIS AGREEMENT. <br /> <br />THE COUNTY DOES NOT WARRANT THAT THE EPDB ARE ERROR FREE. <br />THE EPDB WERE DEVELOPED FOR THE COUNTY'S OWN INTERNAL <br />BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT <br />THE EPDB CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY <br />OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE <br />OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC <br />FEATURES. <br /> <br />THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR <br />IMPLIED, RESPECTING THIS LICENSE AGREEMENT OR THE EPDB. <br /> <br />7.7 In no event shall the County be liable for actual, direct, indirect, special, incidental, <br />consequential damages (even if the County has been advised of the possibility of such <br />damage) or loss of profit, loss of business or any other financia110ss or any other damage <br />arising out of performance or failure of performance of this Agreement by the County. <br />The County and the Entity agree each will be responsible for their own acts and <br />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. The parties' respective liabilities shall be governed by <br />the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and <br />other applicable law. This paragraph shall not be constmed to bar legal remedies one <br />party may have for the other party's failure to fulfill its obligations under this Agreement. <br /> <br />6 <br />
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