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18 <br />1.2 The County hereby leases to the City subject to the terms and conditions of this <br />Agreement, and the City hereby agrees to lease from the County AVT Equipment <br />identified as: three (3) AutoMARK Voter Assist Terminals, six (6) flashcards and <br />three (3) ES&S AutoMARK Tables with adjustable legs for polling places ("AVT <br />Equipment") contained within the City. <br />1.3 Subject to the terms and conditions of this Agreement, the parties may agree by <br />written addendum executed by all the parties to increase or decrease the County <br />Election Equipment and AVT Equipment included within the scope of this <br />agreement. Hennepin County hereby delegates authority to execute such an <br />addendum to the County Auditor. The City hereby delegates authority to execute <br />such an addendum to the authorized City officer, or the City Council, as <br />appropriate. <br />1.4 Upon the express written permission of County's Election Manager, or her/his <br />designee, the City may lease Election Equipment and/or AVT Equipment to a <br />school district. Said lease shall be made pursuant to a written agreement, <br />between the City and the school district, which includes substantially the same <br />terms as those contained herein. <br />Section 2 <br />OWNERSHIP <br />2.1 The City acknowledges that the County owns the Election Equipment and AVT <br />Equipment and that the City is authorized to use said Election Equipment and <br />A VT Equipment for official election related purposes. Use of the Election <br />Equipment and AVT Equipment for any other purpose is strictly prohibited absent <br />express written consent of the County. <br />2.2 The City acknowledges and agrees that the Election Equipment and A VT <br />Equipment may contain proprietary and trade secret information that is owned by <br />a third party and is protected under state and federal copyright law or other laws, <br />rules, regulations and decisions. The City shall protect and maintain the <br />proprietary and trade secret status of the Election Equipment and AVT <br />Equipment. <br />Section 3 <br />HANDLING OF EQUIPMENT AND INDEMNIFICATION <br />3.1 The City shall be responsible for the Election Equipment and A VT Equipment <br />while it is in the City's custody, possession or control. The City, either through <br />insurance or a self-insurance program, shall be responsible for all costs, fees, <br />damages and expenses including but not limited to personal injury, storage, <br />damage, repair and/or replacement of the Election Equipment and AVT <br />Page 2 of8