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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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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 /> 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 /> 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 /> THE COUNTY DISCLAIMS ANY OTHER WARRANTIES,EXPRESS OR <br /> IMPLIED,RESPECTING THIS LICENSE AGREEMENT OR THE EPDB. <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 lost of profit, loss of business or any other financial loss 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 construed to bar legal remedies one <br /> party may have for the other party's failure to fulfill its obligations under this Agreement. <br /> 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified <br /> mail to the other party address as follows: <br /> To the Entity: City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418-1699 <br /> • <br /> 6 <br />
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