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INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR <br />PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE <br />PICTOMETRY IMAGERY. <br />THE COUNTY'S SOLE LIABILITY AND THE LICENSEE'S EXCLUSIVE REMEDY FOR <br />ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE PICTOMETRY <br />IMAGERY FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO <br />TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE <br />PICTOMETRY IMAGERY ARE ERROR FREE. THE PICTOMETRY IMAGERY WERE <br />DEVELOPED AND/OR LICENSED FOR THE COUNTY'S OWN INTERNAL BUSINESS <br />PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE PICTOMETRY <br />IMAGERY CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE <br />REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR <br />PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY <br />DISCLAIMS ANY OTHER RRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS <br />LICENSE AGREEMENT OR THE PICTOMETRY IMAGERY. <br />5.7 Damages. The County and the Licensee agree each will be responsible for their own acts <br />and 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. In no event shall the County be liable for actual, direct, <br />indirect, special, incidental, consequential damages (even if the County has been advised of <br />the possibility of such damage) or loss of profit, loss of business or any other financial loss <br />or any other damage arising out of performance or failure of performance of this Agreement <br />by the County. The parties' respective liabilities shall be governed by the provisions of the <br />Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This <br />paragraph shall not be construed to bar legal remedies one party may have for the other <br />party's failure to fulfill its obligations under this Agreement. <br />5.8 Compliance. The parties shall comply with all applicable federal, state and local statutes, <br />regulations, rules and ordinances in force or hereafter enacted. <br />5.9 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 Licensee: <br />To County: Anoka County Administrator's Office <br />2100 Third Avenue <br />Anoka, MN 55303 <br />Copy to: Anoka County Attorney's Office <br />2100 Third Avenue <br />Anoka, MN 55303 <br />5.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this <br />-3- <br />