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2009_1019_Packet
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2009_1019_Packet
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1/9/2012 3:23:31 PM
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10/15/2009 3:47:30 PM
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ANY OTHER IMPLIED OR EXPRESS WARRANTIES, EXCEPT THE WARRANTIES <br />EXPRESSLY SET FORTH HEREIN. <br />�ection 15. INDEMNIFICATION. <br />i 5.1 LETG shall indemnify, defend and hold harmless CoR and all of its officials, employees, <br />contractors and agents from and against any and all losses, damages, expenses, including <br />q attorneys' fees arising from all suits, actions, or claims of any character, name and <br />a description, brought for, or on account of any injuries or damages received or sustained by <br />a any person, or persons or property by or from the said LETG or by or in consequence of <br />a any neglect in safeguarding the work, or through the use of unacceptable materials or by <br />a or on account of any act or omission, neglect or misconduct of LETG or its personnel or <br />a subcontractors, or by or on account of any claims or amounts recovered for any <br />a infringement of patent, trademark or copyright, or from any claims or amounts arising or <br />a recovered under the "Worker's Compensation Law", or violation of any other law, <br />ordinance, order or decree. <br />1 ��.2 Should such Software become, or in LETG's opinion, be likely to become the subject of <br />such a claim of infringement, then CoR will permit LETG to at LETG's option and expense <br />(i) to procure for CoR the right to continue using the same under the terms of this <br />a Agreement, or (ii) to replace or modify the same so that it becomes non-infringing so long <br />a as it is substantially equivalent in function. Any replacement or modification of the <br />a Software shall not adversely affect the performance of the overall System and services <br />a being provided to CoR. If LETG is unable to procure for CoR the right to continue to use <br />a the Software or is unable to replace or modify the Software, CoR may terminate this <br />a Agreement and return all Software and equipment at LETG's expense. All payments <br />� made to LETG by CoR shall be refunded. <br />Section 16. INSURANCE. <br />16.1 Throughout the term of this Agreement, LETG shall comply with the insurance <br />requirements set forth in this Section. In the event that LETG fails to procure and maintain <br />each type of insurance required by this Agreement, or in the even that LETG fails to <br />a provide CoR with the required certificates of insurance, CoR shall be entitled to terminate <br />this Agreement immediately upon written notice to LETG. <br />16.2 LETG shall not commence any work in connection with this Agreement and shall not allow <br />any subcontractor to commence any work under this Agreement until LETG has obtained <br />y all of the types of insurance set forth in this Section and CoR has approved such <br />a insurance. All insurance policies required by this Section shall be with insurers qualified <br />a and doing business in Minnesota. LETG shall name CoR as an additional insured under <br />a the policies required by this Section. Certificates of all required insurance shall be <br />a furnished to CoR and shall contain the provision that CoR will be given thirty days written <br />notice of any intent to amend or terminate by either the insured or the insuring company. <br />16.3 LETG agrees to purchase and maintain technology consulting errors and omissions <br />insurance during the term of this Agreement. The amounts of such insurance shall not be <br />less than $1,000,000. <br />Page 12 of 20 <br />
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