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CC PACKET 01102006
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CC PACKET 01102006
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7/30/2015 11:46:23 AM
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5/7/2014 2:28:31 PM
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City Council
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City Code Chapter Amendment
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resultsof City races in the primary and general election, at a cost of $100 per <br />polling place for the primary, and $100 per polling place for the general election. <br />The County will not perform the electronic transmission and accumulation of <br />votes cast in any other City elections. <br />Section 7 <br />OTHER TERMS AND CONDITIONS <br />7.1 No Waiver. No delay or omission by either party hereto to exercise any right or <br />power occurring upon any noncompliance or default by the other party with <br />respect to any of the terms of this Agreement shall impair any such right or power <br />or be construed to be a waiver thereof unless the same is consented to in writing. <br />A waiver by either of the parties hereto of any of the covenants, conditions, or <br />agreements to be observed by the other shall not be construed to be a waiver of <br />any succeeding breach thereof or of any covenant, condition, or agreement <br />herein contained. All remedies provided for in. this Agreement shall be <br />cumulative and in addition to, and not in lieu of, any other remedies available to <br />either party at law, in equity, or otherwise. <br />7.2 Governing Law. This Agreement shall- be governed by a.nd construed in <br />accordance with the laws. of the State of Minnesota. <br />7.3 Entire Agreement. It is: understood and agreed that the entire Agreement <br />between the parties is contained herein and that this'Agreement supersedes all <br />oral agreements and negotiations between th-e parties relating to the subject <br />matter hereof. All items referred to in this Agreement -are incorporated or <br />attached and are deemed to be part of this Agreement. Any alterations, <br />variations, modifications, or waivers of provisions.of this Agreement shall only be <br />valid when they have been reduced to writing as an amendment to this <br />Agreement signed by the parties hereto. <br />7.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, <br />either in whole or in part, without the prior written consent of the other party, and <br />any attempt to do so shall be void and of no force and effect. <br />7.5 No Warranty. The City agrees that the County is furnishing the Election and <br />AVT Equipment on an "as is" basis, without representation or any express or <br />implied warranties, other than those provided by ES&S, including but not limited <br />to, fitness for particular purpose, merchantability or the accuracy and. <br />completeness of the Election and AVT Equipment. <br />The City's exclusive remedy and the County's sole liability for any substantial <br />defect which impairs the use of the Election and/or AVT Equipment for the <br />purposes stated herein shall be the right t0 terminate thin agreement <br />42 <br />
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