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CC RES 01-047 A RESOLUTION APPROVING A CONDITIONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND HENNEPIN COUNTY RELATING TO ELECTRONIC DATA
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CC RES 01-047 A RESOLUTION APPROVING A CONDITIONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND HENNEPIN COUNTY RELATING TO ELECTRONIC DATA
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4/19/2016 4:09:08 PM
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31
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RES 2001
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CC RES 01-047 A RESOLUTION APPROVING A CONDITIONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND HENNEPIN COUNTY RELATING TO ELECTRONIC DATA
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Section 6 <br /> INJUNCTIVE RELIEF <br /> 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or <br /> any part thereof could cause irreparable harm and significant injury to the County, which <br /> may be difficult to measure with certainty or to compensate through damages. <br /> Accordingly, the Entity agrees that the County may seek and obtain against the Entity <br /> and/or any other person or entity injunctive relief against the breach or threatened breach <br /> of the foregoing undertakings, in addition to any other equitable or legal remedies which <br /> may be available. <br /> Section 7 <br /> OTHER TERMS AND CONDITIONS <br /> 7.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be <br /> construed to create an agency,joint venture, partnership or other form of business <br /> association between the parties hereto. <br /> 7.2 No Waiver. No delay or omission by either party hereto to exercise any right or power <br /> occurring upon any noncompliance or default by the other party with respect to any of the <br /> terms of this Agreement shall impair any such right or power or be construed to be a <br /> • waiver thereof unless the same is consented to in writing. A waiver by either of the <br /> parties hereto of any of the covenants, conditions, or agreements to be observed by the <br /> other shall not be construed to be a waiver of any succeeding breach thereof or of any <br /> covenant, condition, or agreement herein contained. All remedies provided for in this <br /> Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies <br /> available to either party at law, in equity, or otherwise. <br /> 7.3 Governing Law. This Agreement shall be governed by and construed in accordance with <br /> the laws of the State of Minnesota. <br /> 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between <br /> the parties, and there are no understandings or agreements relative hereto other than those <br /> that are expressed herein. No change,waiver, or discharge hereof shall be valid unless in <br /> writing and executed by the party against whom such change, waiver, or discharge is <br /> sought to be enforced. <br /> 7.5. No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in <br /> whole or in part,without the prior written consent of the other party, and any attempt to <br /> do so shall be void and of no force and effect. <br /> 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURNISHING THE EPDB ON <br /> • AN "AS IS"BASIS,WITHOUT ANY SUPPORT WHATSOEVER, AND <br /> WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED <br /> 5 <br />
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