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CCP 09-10-2001
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CCP 09-10-2001
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<br />e <br /> <br />. <br /> <br />. <br /> <br />B. <br /> <br />Each party agrees to defend, indemnify and hold harmless the other party, its <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. <br /> <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 /> <br />D. Each of the parties shall insure the full replacement value of all System <br />tabulators stored on the party's site. <br /> <br />E. All insurance policies or self-insurance certificates shall be open to <br />inspection by each party and copies of the policies or certificates of self- <br />insurance shall be submitted to a party upon written request. <br /> <br />xm. RECORDS <br />A. Each party agrees that the other party, the State Auditor, or any of their duly <br />authorized representatives shall, at any time during normal business hours, and as <br />often as they may reasonably deem necessary, have access to and the right to <br />examine, audit, excerpt and transcribe any books, documents, papers, records, <br />etc., which are pertinent to the accounting practices and procedures of <br />governmental 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 performed herein. <br /> <br />XV. DEFAULT <br />A. If a Municipality defaults in the performance of a provision of this Agreement, <br />and fails to remedy the default within thirty days of receipt of notice of the <br />default from the County, the County shall notifY the defaulting Municipality that <br />Post-Implementation Services under this Agreement will no longer be provided. <br />The defaulting Municipality will be liable for its full appropriate share of <br />Implementation Costs under the terms of this Agreement. TIle 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. TERMINATION <br />A. This Agreement shall terminate upon unanimous consent of the parties as <br />evidenced by a written resolution of the governing body of each party or when <br />necessitated by operation of law or as a result of a decision by a court of <br />competent jurisdiction. <br /> <br />Elections JPA <br /> <br />80f25 <br />
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