f. Contract approval - Laserfiche WebLink

discretion in the judgment of the manner and means of carrying out the Local Entity's activities and responsibilities under this agreement. VIII. NONPERFORMANCE Failure by the Local Entity 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 Local Entity, the department 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 Local Entity, those amounts already paid for individual items of work which are incomplete at the time of the breach. However, should a breach by the Local Entity be caused by circumstances, beyond the control of the Local Entity, and no fault of its own, so as to render the agreement impossible of performance by the Local Entity, then the agreement shall be terminated. In the event of a breach, by the Local Entity, in such circumstances, the Department may set off, against any liability or obligations owed to the Local Entity, 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 Department shall give written notice, to the Local Entity, of the termination, which notice shall specify the effective date thereof. IX. TERMINATION OF AGREEMENT FOR INADEQUACY OF FUNDS It is agreed that in the event appropriations to the North Dakota Highway Patrol are not obtained and continued at a level sufficient to allow for payments to the Local Entity, for the services identified in Paragraph II, the obligations of each party hereunder may be terminated at the option of the Department, provided that any such termination shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. X. INDEMNITY The Department and Local Entity 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. XI. ACCESS TO BOOKS AND RECORDS The state, federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of the Local Entity, which are pertinent to the services provided under this agreement for the purpose -3-