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Records Management System shall not alhiw the use of the Computer Aided Dispatch and Records Management System by any other person, finn or entity, including any private or public law enforcement or public safety agency or political subc~avisioih without the written annsent of Fargo. 10. Warranties. None of the parties hereto make any warranties with respect to the use, sale or other ~ansfer of the Computer Aided Dispatch and Records Management System by the other party or by any tifird par~y. In no event will Fargo be liable for ff~rect, Indirect, special, incidental or consequential damages that are in any way related to the use or access of the Computer Aided Dispatch and Records Management System by RRRDC, Cass County, Clay County and Moorhead. 11. Data Prlvac¥/Con~'ol of Data. Each party shall be responsible for controlling aeeass to the Computer Aided Dispatch and Records Management System by its employees so that the information and data maintained in the Computer Aided Dispatch and Records Management System is used for legitimate law enforcement purposes and shall defend, indemnify and hold the other party harmless, from any claims, demands or lawsuits brought by any person, firm or entity resulting fi.om the misuse by an employee or agent of the first party of information or data maintained in the Computer Aided Dispatch System. 12. Amendment. This agreement may be modified or amended if the amendment is made in writing and assigned by both parties. 13. Sevembilirg. If any provision of this Agreement shall be held to be invalid or unenfomeshle for any reason, the remairfing provisions shall continue to be valid and enfomeable. Ifa court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enfomeable, then such provision shall be deemed to be writtan, construed and enforced as so limited. 14. Non-waiver of contractual fight. The £ailure of either party to enfome any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enfome and compel strict compliance with every provision of this Agreement. 15. Applicable law. This agreement shall be governed by the laws of the State of North Dakota. 16. Execution in Counterpart. This agreement may be executed in one (1) or mom counterparts, each of them shall be considered an original document, but all of wkich shall be considered one (1) and the same agreement and shall become binding when one (1) or more counterparts have been signed by each of the parties. 17. Effective date. Effective date of tllis Agreement shall be as of the date and year first above-written. 4 9-6-02