4. IT-management services contract-fiber connections in West Fargo Highway Department

term of this Agreement shall be continuous. However, this Agreement may be terminated with or without cause by either party giving written notice delivered to the other party at least thirty (30) days in advance of the termination, or as otherwise provided for within the terms of this Agreement. 8. ADDITIONAL CHARGES USER agrees that during the term of this Agreement, in addition to the fees/charges provided herein to be paid, it will promptly pay all taxes, assessments and other governmental charges, if any, levied or assessed upon the services furnished hereunder to USER and USER will promptly payor reimburse the COUNTY for all taxes levied or assessed against and paid by the COUNTY on account of its furnishing services to USER hereunder. 9. BREACH AND REMEDIES The following breach and remedy provisions shall apply: 1. There shall be deemed to be a breach of the Agreement: 1. Ifthe USER shall default in any payment due hereunder and such default shall continue for a period of thirty (30) days after due. 2. Ifthe USER shall default in the performance of any of the other covenants or provisions herein and such default shall continue uncured for fifteen (15) days after written notice to the USER. 2. In the event of USER'S breach of this Agreement, as herein defined: 1. The COUNTY may cancel this Agreement upon written notice to USER. 2. The USER shall be liable for all costs, damages and losses incurred by the COUNTY on account of said breach and/or also in cancelling or terminating the Agreement. 3. All sums due and to become due hereunder, at the COUNTY'S option, shall become payable forthwith. 4. The COUNTY may also enforce specific performances of the applicable covenants of this Agreement by appropriate legal proceedings, as well as any other remedy herein provided. Should any legal proceedings be instituted by the COUNTY to recover any monies due or to become due hereunder, and/or to recover any damages sustained by the COUNTY on account of such breach, the USER shall pay a reasonable sum of to the COUNTY as attorney's fees. 5. Neither an extension oftime by the COUNTY for USER'S payment of any sum owing under this Agreement, nor any waiver by COUNTY of COUNTY'S rights to declare this Agreement terminated or cancelled due to USER'S breach for any reason, shall in any manner affect the COUNTY'S right to exercise any of its rights under this Agreement for that or any later breach by USER. 3. In the event of cancellation of service for any reason, installation charges, as outlined in Exhibit A, will apply to any resumption of service. 10. NO EXCLUSIVE RIGHT OR REMEDY No right or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or by law, statute or equity provided, but each shall be