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IV. <br /> <br />AUTHORITY TO CONTRACT <br />NDACo shall not have the authority to contract or incur obligations on behalf of County, <br />except with the express written consent of County. <br /> <br />INDEPENDENT ENTITY <br />NDACo shall perform as an independent entity under this Agreement. Neither NDACo, <br />nor its employees, agents, or representatives, shall be employees of County. No part of <br />this Agreement shall be construed to create an employer/employee relationship. <br /> <br />VI. <br /> <br />INDEMNITY <br />A. Each party agrees to assume its own liability, and to indemnify, save and hold the <br /> other party and its agencies, officers, directors and employees harmless, for any <br /> and all claims of any nature, including all costs, expenses and attorney's fees, <br /> which in any manner result from or arise out of its own activities under this <br /> Agreement. <br /> <br />Bo <br /> <br />Nothing herein shall preclude either party from asserting against third parties any <br />defenses to liability it may have under North Dakota law. <br /> <br />VII. <br /> <br />RETENTION OF RECORDS <br />NDACo agrees to keep and maintain accurate records regarding the services it provides <br />under this Agreement. These records shall be made available to County, or its agents, <br />upon reasonable request at any time during normal business hours. NDACo agrees to <br />retain these records for a period of three years or until any ongoing audit is completed and <br />closed, whichever occurs later. <br /> <br />VIII. <br /> <br />TERMINATION OF AGREEMENT <br />IfNDACo or County determines that this Agreement is no longer desired or necessary, <br />either party can terminate the Agreement by giving written notice of such termination to <br />the other party at least 30 days prior to the effective date of termination. <br /> <br />IX. <br /> <br />CONFIDENTIALITY <br />NDACo agrees that it will not printout, download, disseminate, access, use or disclose <br />any information, files or data of County except (1) for purposes of providing technical <br />support services in accordance with this Agreement, (2) with County's written consent, <br />(3) as authorized or required by law, or (4) to the extent such information, files or data are <br />published or generally known. <br /> <br />INTERACTING AND MODIFICATION <br />This Agreement constitutes the entire agreement between NDACo and County. No <br />alteration or amendment shall be effective unless it is in writing, signed by the parties. <br /> <br /> <br />