08-12-1998 Council Agenda - Laserfiche WebLink

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discretion, retain the returned GIS Data and refund the fee for the license, or replace or repair the GIS Data and return the GIS Data to User. 4.03 Liability. Subject to the warranty disclaimers in paragraph 4.01 of this License Agreement, each party agrees that it will be responsible for its own acts and omissions under this License Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under this License Agreement and the results thereof. Nothing in this License Agreement shall be construed as a waiver on the part of the Council, or any Public User, of any immunities or Limits on liability provided by Minnesota Statutes Chapters 3 or 466, or other applicable state or federal law. V. General Terms and Conditions 5.01 Invalidity and Severability. If any term or provision of this License Agreement or the application of this License Agreement or its provisions to any person or circumstance shall to any extent be declared or found invalid or unenforceable, the remainder of this License Agreement shall not be affected by that invalidity or unenforceability. Each term and provision of this License Agreement shall be valid and enforced as written to the extent permitted by applicable law. 5.02 Amendment. The terms and provisions of this License Agreement may be changed or modified only by mutual agreement of the Council and User. Such amendment, changes or modifications shall be effective only on the execution of written amendment(s) signed by the authorized representatives of the Council and User. 5.03 Governing Law. This License Agreement shall be governed by and interpreted pursuant to the laws of the State of Minnesota, excluding its choice of laws rules, and applicable federal law. 5.04 Waiver. No waiver of any breach or violation of this License Agreement shall constitute a waiver of any subsequent breach or violation, whether of the same or any other covenant, term or condition. Subsequent performance of any of the terms, covenants or conditions of this License Agreement shall not constitute a waiver of any preceding breach or violation, regardless of the other party's knowledge of the preceding breach or 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. 5.05 Assignment. User shall not assign, sublet or transfer this License Agreement in whole or in part, without the prior written consent of the Council. Any attempt to assign, sublet or transfer this License Agreement without prior written consent shall be void and of no force and effect. 5.06 Correspondence. Correspondence regarding this License Agreement or the GIS Data shall be directed to the Council at the following addresses: (a) Written correspondence: • Metropolitan Council Community Development Division Attn: GIS Supervisor Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101 -1634 (b) Electronic correspondence: [ to be determined ] 5.07 Survival of Provisions. All obligations and warranties in this License Agreement which by their sense and context are intended or reasonably construed to survive the Council's and User's performance of this License Agreement, shall so survive the completion of performance and termination or cancellation of this License Agreement Page 30