Laserfiche WebLink
Jurisdiction acknowledges and agrees that County does not own or control the data <br />source/system necessary for operatlon 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 IimIted to liability for election equipment <br />nonperformance, errors or omlsslons, 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, to be responsible for the acts or omissions of the other party. As <br />applicable, County's (lability 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 />Iicense 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, iurlsdlction 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 Equlpment. <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 />