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<br />2. The exclusive, nontransferable and non-assignable use of the Software granted <br />hereunder shall continue in full force and effect until the Grant has been closed as <br />defined by the Grant Agreement. Upon closing of the Grant the Software acquired <br />by Fargo with Grant funds shall be transferred to RRRDC. <br /> <br />3. FARGO EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED <br />WARRANTIES WITH RESPECT TO THE USE OF THE SOFTWARE <br />GRANTED HEREUNDER, INCLUDING BUT NOT LIMITED TO, THE <br />SOFTWARE'S CONDITION, MERCHANTABILITY, FITNESS FORA <br />PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM <br />COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF <br />TRADE. <br /> <br />4. The Parties to this Agreement waive any claim that may lie against Fargo as a <br />result of the failure of the Software to perform as represented by the manufacture <br />of the Software, and each party shall fully defend, indemnify and hold harmless <br />Fargo against all claims, losses, liability, suits, judgments, costs and expenses <br />resulting from a claim or suit brought by that party from the use of the Software <br />by RRRDC or the Parties hereto. This Agreement to indemnify and hold harmless <br />does not constitute a waiver by any party to this Agreement of limitations on <br />liability established by State or Federal law. <br /> <br />IN WITNESS WHEREOF, the parties have hereunto set their signatures the day and year <br />below stated. <br /> <br />CITY OF FARGO, NORTH DAKOTA <br /> <br />Dennis Walaker, Mayor <br /> <br />ATTEST: <br /> <br />Steven Sprague, City Auditor <br /> <br />CITY OF MOORHEAD, MINNESOTA <br /> <br />Mark V oxland, Mayor <br /> <br />ATTEST: <br /> <br />Michael Redlinger, City Manager <br />