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<br />The City's sole liability and the District's exclusive remedy for any defect which impairs <br />the use of the Election Equipment for the purpose stated herein shall be the right to <br />terminate this agreement. <br /> <br />The City does not warrant that the Election Equipment will be error free. <br /> <br />5. The City will provide the following services with respect to use of the Election <br />Equipment for the Election: <br /> <br />a) assist with all tests of the Election Equipment as required by Minnesota Statutes; <br />b) train election judges on the use of the Election Equipment; <br />c) provide technical assistance with use of the Election Equipment if needed on the <br />Election Day. <br /> <br />The City will not be responsible for providing any other services related to the <br />conduct of the Election. <br /> <br />6. The District will perform all functions related to proper conduct of school district <br />elections pursuant to Minnesota Statutes, Chapter 205A and related statutes, including <br />the following: <br /> <br />a) post and publish all legal notices for the District Election, including equipment <br />testing notices: <br />b) approve the layout of the ballot prior to printing; <br />c) contract with ES&S for the printing of the ballots and programming of the <br />memory cards; <br />d) handle and distribute absentee ballots for the District Election; <br />e) provide all supplies related to and necessary for proper use of the Election <br />Equipment; <br />f) deliver the Election Equipment to the precincts the day before the Election and <br />pick up and return the Election Equipment to the City the day following the <br />Election; <br />g) tabulate and canvass returns. <br /> <br />7. The District shall be responsible for transporting the Election Equipment from and <br />returning the Election Equipment to the City. The District shall return the Election <br />Equipment to the City, or its designees, complete and in good order and working <br />condition on November 7, 2007. <br /> <br />8. In consideration for the City making the Election Equipment available to the District, <br />the District shall: <br /> <br />a) reimburse the City, within thirty (30) days of demand made by the City, for the <br />City's costs to perform under this Agreement. The cost will be only for the <br /> <br />S: \Clerk\Elections\School District\2007\Agreement. doc <br />