f. Contract approval - Laserfiche WebLink

NOV, 25,2003 9:50AM CASS CTY SOCIAL SVS N0,239 P, 6 PAGE 5 XVHI. SUCCESSORS 1N INTER.EST: Tko provisions of this agreernertt shall be binding upon a~d shall inur~ to tho benefit of the parties hereto, and their rcspe~ve successors and assigns. XIX. INSURANCI~ AND LEGAL DEFENSE It is the paxties' intent that they each should pay any attorney' s fees and l©gal defense costs resulting from or arising out of this agreement in the same proportion that each party' s liability for the acts of its own officers, employees or agents bears to the parties' combined liability, if any, or pay such fees and costs exlually when a claim against both parties is resolved and neither party is found liable, to the greatest extent the fees and costs are covered by thc Countyt s liability coverage or self-retention fund. The parties further intend that they be represented by thc same attorney whenever reasonably possible and ethically permitted. Provider shall secure and keep in force during the term of this Agreement, from a company or pool authorized to provide the coverage in this County, general liability and ~rrors and omissions coverage with minimum liability limits of $250,000 per pc-~son and at least $500,000 per occurrence covering its officers, employees, and agents for any and all claims of any nature which may in any manner result from or arise out of this Agreement. ProvSder shall furnish a certificate of insurance or memorandum of coverage and any endorsements required under this agreement to the undersigned County representative prior to commencment of this agreement, and shall also prey/de at least thirty (B0) daysf notice before such coverage of endorsements are canceled or mod/fled. Provider shall also secure from its insurance company or government self-insurance pool a limited endorsement stating that the company or pool will provide a legal defense to the County, its officers, employees or agents, including attorney' s fees, costs, disbursements, and other expenses associated with such defense under this agreement, for any and all claims of any nature brought by third parties against the County, its officers, employees or ageaxts, including attorney' s fees, costs, disbursements, and erbar expemes associated with such defense under this agreement, for any and all claims of any nature brought by third parties against the County, its officers, employees or agents wbdch in any mariner result from or arise out of this agreement. Such legal defense is not required if the County refuses to waive a potential conflict of interest that can be waived under the North Dakota Rules of Professional conduct. Said e~adorsement shall also provide that any attorney representing the County, its officers, employees or agents under this clause must first qualify and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under NDCC. Section 54-12-08 and agredto follow the Special Assistant Attorney General Billing Policy. The County shall reimburse the provider for its company or pool for the combined attorney' s fe~s and legal defense costs of the County and Provider resulting from or arising out of this agreement in thc same proportion that the County' s liability for the acts of its own offic~m, eanployees, or agents bears to the parties' combined liability for the claim, or the amount of such fees and costs which are covered by the County' s liability coverage of self-retention fund, whichever is less. If a claim against both parties is resolved and neither the County nor the Provider is found liable, thc County shall reimburse the Provider or its company or pool for half the combined attorney' s fees and legal defense costs of the County and Provider, or the amount