5.9. SR 01-07-2019 - Laserfiche WebLink

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3. Termination of Agreement A) This Agreement may be terminated with or without cause by either party upon 180 days written notice to the other party. B) Notice of termination shall be made by certified mail or personal delivery. Notice is deemed effective upon delivery to the party's Authorized Representative. County's Authorized Representative and address is Sherburne County Attorney, Sherburne County Government Center, 13880 Business Center Drive, Elk River, Minnesota 55330. City's Authorized Representative is City Administrator, Elk River City Hall, 13065 Orono Parkway, Elk River, Minnesota 55330. C) Termination of this Agreement shall not discharge any liability, responsibility or right or any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination. 4. Indemnification A) Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its commissioners, officials, officers, employees and volunteers against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its commissioners, officials, officers, employees and volunteers may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance or failure to adequately perform it s obligations pursuant to this Agreement. B) Liability of County and City shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable laws. 5. Modification Any alteration, variation, modification or waiver of the provisions of this Agreement shall be valid only after it has been reduced to writing and duly signed and approved by each party. 2