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10-14-13-R
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10-14-13-R
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IX.PROJECT SCHEDULE <br />A Preliminary Project Schedule is attached hereto and made a part of this Agreement as <br />Appendix DAppendix D <br />.The County may change the schedule set forth in as appropriate based <br />on changes in funding sources or the needs of the County. <br />X.TERM <br />A.The term of this Agreement is for a fourteen-year period from the date of final execution <br />by all parties(“Initial Term”), unless earlier terminated pursuant to the provisionsof <br />this Agreement. <br />B.This Agreement shall be automatically extended for successive two-year terms <br />(“Renewal Terms”), upon the same or better terms, conditions and covenants, unless a <br />majority of the Municipalities or the County gives notice of their/its intent not to extend <br />at least 180 days prior to expiration of the Initial Term or the then-current Renewal Term. <br />XI.ANNUAL REVIEW PROCESS <br />At least oncea year during the term of this Agreement,including any extensions,the County will <br />convene a meeting of elections officials from the Municipalities to review the elections process <br />and System operations. <br />XII.INDEMNIFICATION AND INSURANCE <br />AEach party agrees that it will be responsible for its own acts and the acts of its employees, <br />elected officials, and agents as they relate to this Agreement and for any liability resulting <br />therefrom, to the extent authorized by law, and shall not be responsible for the acts of the <br />other partiesor theiremployees, elected officials, and agents, or for any liability resulting <br />therefrom. Each party’s liability shall be governed and limited bythe Municipal Tort <br />Claims Act, Minn. Stat. Chapter 466 and other applicable law. <br />B.Each Party agrees to defend, indemnify and hold harmless the other Parties,their <br />employees, elected officials, and agents from any liability, claims,causes of action, <br />judgments, damages, losses, 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 agents, in the performance or failure to perform its <br />obligations under this Agreement.Nothing herein shall be deemed a waiver by any Party <br />of itslimitations on liability, defenses or immunities under Minnesota Statutes, Chapter <br />466, or other state or federal law. <br />C.Each Party warrants that it is able to comply with the aforementioned indemnity <br />requirements through commercial insurance or a self-funding program. <br />D.Each of the Parties shall insure the full replacement value of all System equipment <br />stored on the Party's site. <br /> <br /> Joint Powers Agreement for New Voting System –2013 Page 10of 19 <br />
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