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05-16-05
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05-16-05
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1/12/2009 8:24:12 AM
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<br />amounts of money that Licensee has paid to Pictometry under this Agreement. In <br />addition, because of scheduling and other considerations in preparing current <br />Licensed Images, Pictometry cannot assure delivery of the Licensed Products on a <br />specified delivery date, and Pictometry shall not be liable for any such late <br />delivery except in a case of its gross negligence or willful misconduct. IN NO <br />EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF <br />ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THIS <br />AGREEMENT, THE LICENSED PRODUCTS, OR IMAGES (INCLUDING <br />UNDER THEORIES INVOLVING TORT, CONTRACT, NEGLIGENCE, <br />STRICT LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST <br />PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, <br />PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER <br />PARTY OR BY ITS CUSTOMERS OR OTHERS, EVEN IF A PARTY HAS <br />BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br /> <br />10. GENERAL <br /> <br />10.1 Entire Agreement. This Agreement, which includes the attached Schedules, <br />contains the entire agreement between the parties and supersedes all written or <br />oral agreements, descriptions, representations, and understandings with respect to <br />the subject matter hereof. Where differences occur between the main body of the <br />Agreement and the attached Schedules, the Schedules shall supersede the <br />Agreement. Licensee acknowledges that it is not entering into this Agreement on <br />the basis of any representations not expressly contained herein. Any <br />modifications of this Agreement must be in writing and signed by a duly <br />authorized officer of each party. <br /> <br />10.2 Rights of Others. This Agreement is solely intended to provide rights to and be <br />enforceable by Pictometry and Licensee (including its Subdivisions). No other <br />person shall acquire or enforce any rights or any representations or warranties <br />given under this Agreement. <br /> <br />10.3 Waiver. The waiver by either party of any default by the other shall not waive <br />subsequent defaults of the same or different kind. <br /> <br />10.4 Notices. All notices and demands hereunder shall be in writing and shall be <br />delivered by personal service, mail, or confirmed facsimile transmission at the <br />address of the receiving party set forth below (or at such different address as may <br />be designated by one party by written notice to the other). All notices or demands <br />by mail shall be sent by certified or registered United States mail, return receipt <br />requested, and shall be deemed complete upon receipt. <br /> <br />If to Licensee: <br />William H. Peterson or successor <br />Dakota County Assessor <br /> <br />Page 11 of 13 <br /> <br />040516a <br />
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