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<br />AGREEMENT BETWEEN THE CITY OF ELK RIVER AND <br />INDEPENDENT SCHOOL DISTRICT NO. 728 <br /> <br />THIS AGREEMENT is entered into between the City of Elk River, a municipal <br />corporation under the laws of Minnesota ("City"), and Independent School District No. 728, <br />a public corporation organized under the laws of the State of Minnesota ("District"). <br /> <br />WITNESSETH <br /> <br />WHEREAS, the District desires to use the City's Election Equipment ("Election <br />Equipment") for a November 6, 2007 District special election ("the Election"); and <br /> <br />WHEREAS, the City is willing to make the Election Equipment available to the <br />District for the Election, in accordance with the terms and conditions stated herein. <br /> <br />NOW, THEREFORE, it is mutually agreed that: <br /> <br />1. The District may utilize the Election Equipment for the Election in accordance with the <br />terms and conditions stated herein. The Election Equipment to be used by District is <br />identified as: one (1) Model 100 Optical Scan Precinct Counter Unit (including two (2) <br />PCMIA memory cards); one (1) Model 100 metal ballot box; and one (1) Model 100 <br />cover carrying case; one (1) Automark; for each of the seven polling places contained <br />within the School District. The District may utilize as many voting booths as they need. <br /> <br />2. The District acknowledges and agrees that the Election Equipment may contain <br />proprietary and trade secret information that is owned by Election Systems and Software <br />(ES&S) and is protected under federal copyright law or other laws, rules, regulations and <br />decisions. The District shall protect and maintain the proprietary and trade secret status <br />of the Election Equipment, and shall indemnify City for any claims made against City by <br />ES&S or others arising from or related to the District's use of the Election Equipment <br />for the Election. <br /> <br />3. The District shall be responsible for the Election Equipment while it is in the possession <br />of the District. The District, either through insurance or a self-insurance program, shall <br />be responsible for all costs, fees, damages, and expenses including but not limited to <br />personal injury, storage, damage, repair and/or replacement of the Election Equipment <br />while this contract is in effect, consistent with the District's obligations contained in <br />Sections 8 and 9 herein. <br /> <br />4. The District agrees that the City is furnishing the Election Equipment without any <br />express or implied warranties including, but not in any manner limited to, fitness for <br />particular purpose, merchantability or the accuracy and completeness of the Election <br />Equipment. <br /> <br />S :\Clerk\Elections\School District\2007\Agreement.doc <br />