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Jurisdiction acknowledges and agrees that County does not own or control the data <br /> source/system necessary for operation of the election equipment. Without limiting the <br /> foregoing, County does not warrant the performance of the election equipment or <br /> related communications or connections to any data source/system,that the data <br /> source/system will be uninterrupted or error free,that the data is accurate, complete <br /> and current or that data defects will be corrected, or that the data source/system is free <br /> of harmful code. <br /> In no event shall County be liable for actual, direct, Indirect, special, incidental, <br /> consequential damages or loss of profit, loss of business or any other financial loss or <br /> any other damages even If county has been advised of the possibility of such damage. <br /> County's sole liability and Jurisdiction's sole and exclusive remedy for any damages <br /> related to this agreement, including but not limited to liability for eloction equipment <br /> nonperformance, errors or omissions, shall be limited to restoring or correcting the <br /> election equipment to the extent and degree county is capable of performing the same <br /> and as is reasonably possible under the pertinent circumstances. <br /> SubJect to the foregoing limitation of liability and to the provisions (below) regarding <br /> responsibility for the costs related to lost, stolen, destroyed or damaged Election <br /> Equipment, each party shall be responsible for their own acts and omissions and the <br /> results thereof to the extent authorized by law.The parties are not agreeing, in any <br /> manner whatsoever,t❑ be responsible for the acts or omissions of the other party. As <br /> applicable, County's liability is governed by the provisions of Minnesota Statutes.The <br /> statutory limits of liability for the parties may not be added together or stacked,to <br /> increase the maximum amount of liability for either or both parties. <br /> S. ROYALTY FREE LICENSE-OTHER COSTS <br /> Except as expressly set forth below,Jurisdiction shall not pay County any amount for the <br /> license granted herein. <br /> .Jurisdiction shall be responsible for the cost and expense of Election Equipment delivery <br /> from and to a location as directed by County. <br /> Except for routine wear and tear resulting from use In conformance with the terms <br /> herein,Jurisdiction shall be responsible for and shall pay all costs, including but not <br /> limited to shipping costs, necessary for the repair or replacement of lost,stolen, . <br /> destroyed or damaged Election Equipment. <br /> Upon expiration or termination of this Agreement for any reason,Jurisdiction shall, at <br /> Jurisdiction's sole cost and expense,deliver, or have delivered,the Election Equipment <br /> to County or its designee, complete and in good order and working condition, except <br /> 3 <br /> !i <br /> 1 <br /> J{ <br /> 1 <br />