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

cumulative and in addition to every other right or remedy, and shall be deemed to be continuing, none of which shall be exhausted by being exercised on one or more occasions and may be enforced concurrently or from time to time. 11. INDEMNIFICATION OF LIABILITY The USER shall defend, indemnify and save the COUNTY harmless from any liability, claims, damages, judgments, costs (including reasonable attorneys' fees), demands or actions arising, directly or indirectly, out of any act or omission on the part ofthe USER, its employees, officers, agents, contractors or representatives relating to the obtaining, use, and/or possession of information provided hereunder, USER'S access to the computer system, including without limitation, the obtainment and any and all activities related thereto, and/or relating to the ownership, use or operation of USER'S equipment and from all loss or liability by any reason of failure of the USER, in any respect, to perform fully or observe all obligations under this Agreement. 12. CORRESPONDENCE AND NOTICE Any notice or demand, which mayor must be given by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO USER: Moore Engineering, Inc. 1042 14th Ave East West Fargo, ND 58078 TO COUNTY: Cass County Commission 211 9th Street South PO Box 2806 Fargo ND 58108-2806 Either party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. 13. AGREEMENT IN WRITING This written agreement shall represent the agreement between the COUNTY and the USER. No oral agreement, guarantee, promise, condition, representation or warranty shall be binding; all prior conversations, agreements or representations related hereto are integrated herein, and no modifications hereof shall be binding unless in writing and signed by both the COUNTY and the USER. 14. JURISDICTION This Agreement shall be governed by and construed under the laws ofthe State of North Dakota. Cass County shall be the appropriate venue and