2010-024 Council Resolution - Laserfiche WebLink

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• • 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. 4.7 Correspondence. Correspondence regarding this License Agreement or the LiDAR products shall be directed as follows: To the District: LiDAR Products Coordinator Rice Creek Watershed District 4325 Pheasant Ridge Drive NE Suite 611 Blaine MN 55449 -4539 To User: [name] [organization] [mailing address] [city, state, zip] 5