09-12-2001 Council Agenda - Laserfiche WebLink

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B. Each party agrees to defend, indemnify and hold harmless the other party, its employees, elected officials, and agents from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys fees, resulting directly or indirectly from any act or omission of the indemnifying party, its employees, elected officials, or agents, in the performance or failure to perform its obligations under this Agreement. C. Each party warrants that it is able to comply with the aforementioned indemnity requirements through commercial insurance or a self - funding program. D. Each of the parties shall insure the full replacement value of all System tabulators stored on the party's site. E. All insurance policies or self - insurance certificates shall be open to inspection by each party and copies of the policies or certificates of self - insurance shall be submitted to a party upon written request. XIII RECORDS A. Each party agrees that the other party, the State Auditor, or any of their duly authorized representatives shall, at any time during normal business hours, and as often as they may reasonably deem necessary, have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of governmental entities and which involve transactions relating to this Agreement. XIV. NONASSIGNMENT A. No party shall assign, subcontract, transfer or pledge this Agreement and/or services to be performed herein. XV. DEFAULT A. If a Municipality defaults in the performance of a provision of this Agreement, and fails to remedy the default within thirty days of receipt of notice of the default from the County, the County shall notify the defaulting Municipality that Post - Implementation Services under this Agreement will no longer be provided. The defaulting Municipality will be liable for its full appropriate share of Implementation Costs under the terms of this Agreement. The defaulting Municipality will be liable for its appropriate share of Post- Implementation Costs, up to the date the services are no longer provided. XVI. TERMINATION A. This Agreement shall terminate upon unanimous consent of the parties as evidenced by a written resolution of the governing body of each party or when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. Elections JPA Page 36 8 of 25