e. Contract approval - Laserfiche WebLink

IX. XI. in the judgment of the manner and means of carrying out the Vendor's activities and responsibilities under this agreement. NONPERFORMANCE Failure by the Vendor to perform the terms of this agreement shall constitute a breach of contract, and shall result in the immediate termination of the agreement. In the event of a termination for breach by the Vendor, the State may retain, as liquidated damages, any payment to be made under this agreement which remains unpaid at the time of the breach, and may also recover from the Vendor, those amounts already paid for individual items of work which are incomplete at the time of the breach. However, should a breach by the Vendor be caused by circumstances, beyond the control of the Vendor, and no fault of its own, so as to render the agreement impossible of performance by the Vendor, then the agreement shall be terminated. In the event of a breach, by the Vendor, in such circumstances, the State may set off, against any liability or obligations owed to the Vendor, under this agreement or otherwise, any amounts paid for individual items of work which are incomplete at the time of the breach, but shall not be entitled to liquidated damages. The State shall give written notice, to the Vendor, of the termination, which notice shall specify the effective date thereof. TERMINATION OF AGREEMENT FOR INADEQUACY OF FUNDS It is agreed that in the event appropriations to the Department of Human Services are not obtained and continued at a level sufficient to allow for payments to the Vendor, for the services identified in Paragraph II, the obligations of each party hereunder may be terminated at the option of the State, provided that any such termination shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. INDEMNITY State and Vendor each agrees to assume its own liability for any and all claims of any nature, including all costs, expenses and attorneys' fees, which may in any manner result from or arise out of this agreement. INSURANCE Vendor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota: 1) commercial general liability; 2) automobile liability; and 3) workers' compensation insurance covering any and all claims of any nature which may in any manner arise out of or result from this agreement. The minimum limits cf liability required are $250,000 per person and $1,000,000 per occurrence for commercial general liability and automobile liability coverages, and statutory limits for workers' compensation. Vendor shall furnish to State a certificate of insurance evidencing the required coverages are in effect and providing that the coverages may not be canceled or modified without thirty (30) days' prior written notice to State. -3-