CC RES 00-026 A RESOLUTION APPROVING THE LEASE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT

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Section 2 • OWNERSHIP 2.1 The City acknowledges that the County owns the Election Equipment and that the City is authorized to use said Election Equipment for official election related purposes. Use of the Election Equipment for any other purpose is strictly prohibited absent express written consent of the County. 2.2 The City acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ESS) and is protected under federal copyright law or other laws, rules, regulations and decisions. The City shall protect and maintain the proprietary and trade secret status of the Election Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The City shall be responsible for the Election Equipment while it is in the City's custody. The City either through insurance or a self-insurance program shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, • damage, repair and/or replacement of the Election Equipment while this contract is in effect, consistent with the City's defense and indemnity obligations contained in Section 5.6 herein. Section 4 TERM, TERMINATION 4.1 The City and the County agree that this Agreement is in effect during the period commencing upon signature by the County and terminating when the City and County mutually agree that the equipment will no longer be used for the City's elections, unless terminated sooner by either party with cause upon seven (7) calendar days' written notice to the other. Section 5 OTHER TERMS AND CONDITIONS 5.1 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the • terms of this Agreement shall impair any such right or power or be construed to be a 2