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

jurisdiction for any litigation arising hereunder, except that venue and jurisdiction in the Federal Courts shall be in the appropriate Federal Court within the State of North Dakota. If any provision of the Contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 15. SECURITY/USER LIABILITY It is agreed by USER that USER personnel will only inquire into the data in the method prescribed and documented by COUNTY. USER further agrees that USER personnel will strictly follow the security policy established by the COUNTY regarding USER ill and PASSWORD security for access to the COUNTY computer system. It is understood that any access to the COUNTY computer system, originating from the equipment or phone line servicing USER, which does not follow the prescribed method of secure access will be prohibited. USER will be held fully liable, to the fullest extent ofthe law, for any breach of this security agreement in the event of any unauthorized access to the COUNTY computer system. 16. COUNTY/USER RELATIONSHIP It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint ventures or co- partners between the parties hereto or as constituting the USER as the agent representative or employee ofthe COUNTY for any purpose or in any manner whatsoever. The USER is to be and shall remain an independent USER under this Agreement. Any and all personnel of the USER or other persons, while engaged in the performance of any activity under this Agreement, shall have no Contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that mayor might arise under the workers' compensation act of the State of North Dakota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the USER, its officers, agents, or employees shall in no way be the responsibility of the COUNTY and the USER shall defend, indemnify and hold the COUNTY, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunals, agency, board, commission or court_ Such personnel or other persons shall not require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, worker's compensation, unemployment compensation, disability severance pay and retirement.