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<br />'. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />B. <br /> <br />Each party agrees to defend, indcmnify and hold harmless thc other party, its <br />employees, elected officials, and agcnts from any liability, claims, causcs of action, <br />judgmcnts, damages, losscs, costs or expenses, including reasonable attorneys fees, <br />resulting directly or indirectly from any act or omission of the indemnifying party, its <br />employees, elected officials, or agcnts, in the performance or failure to perform its <br />obligations under this Agreement. <br /> <br />C. Each party warrants that it is able to comply with the aforemcntioned indcmnity <br />requirements through commcrcial insurancc or a sclf-funding program. <br /> <br />D. Each of the parties shall insure the full replaccmcnt value of all Systcm <br />tabulators stored on the party's sitc. <br /> <br />E. All insurancc policies or self-insurancc cCliificates shall be opcn to <br />inspcction by each party and copies of the policies or certificatcs of self- <br />insurance shall be s!lbmittcd to a party upon written rcqucst. <br /> <br />XlII. RECORDS <br />A. Each party agrees that thc other party, the State Auditor, or any of their duly <br />authorized representatives shall, at any time during nonnal business hours, and as <br />oflen as they may reasonably deem necessary, have access to and the right to <br />cxamine, audit, excerpt and transcribe any books, documents, papers, records, <br />etc., which are pertinent to the accounting practiccs and procedures of <br />govemmental entities and which involve transactions relating to this Agreement. <br /> <br />XIV. NONASSIGNMENT <br />A. No party shall assign, subcontract, transfer or pledge this Agreement and/or <br />services to be perfonned herein. <br /> <br />XV. DIWAULT <br />A. If a Municipality defaults in the pcrformance of a provision of this Agreement, <br />and fails to remedy the dcfault within thirty days of receipt of noticc of the <br />default from the County, the County shall notify thc dcfaulting Municipality that <br />Post-Implementation Services under this Agreemcnt will no longer be providcd. <br />The defaulting Municipality will be liable for its full appropriate share of <br />Implementation Costs under the tcrms of this Agreement. 111c defaulting <br />Municipality will be liable for its appropriate share of Post-Implementation <br />Costs, up to the date the services are no longer provided. <br /> <br />XVI. TERMINA nON <br />A. 'Illis Agreement shall tel1ninate upon unanimous consent of the parties as <br />evidcnccd by a written resolution of thc governing body of each party or whcn <br />ncccssitatcd by operation of law or as a result of a decision by a court of <br />competent jurisdiction. <br /> <br />Elections lP ^ <br /> <br />80[25 <br />