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<br />PAGE 6 <br /> <br />under this clause must first qualify and be appointed by the North Dakota Attorney General as a <br />Special Assistant Attorney General as required under NDCC. Section 54-12-08 and agree to <br />follow the Special Assistant Attorney General Billing Policy. <br /> <br />The County shall reimburse the provider for its company or pool for the combined attorney's <br />fees and legal defense costs of the County and Provider resulting from or arising out of this <br />agreement in the same proportion that the County's liability for the acts of its own officers, <br />employees, or agents bears to the parties' combined liability for the claim, or the amount of such <br />fees and costs which are covered by the County's liability coverage of self-retention fund, <br />whichever is less. If a claim against both parties is resolved and neither the County nor the <br />Provider is found liable, the County shall reimburse the Provider or its company or pool for half <br />the combined attorney's fees and legal defense costs of the County and Provider, or the amount <br />of such fees and costs covered by the County's liability coverage or self-retention fund, <br />whichever is less. If a claim against is resolved by one party but continues against the other <br />party, each party will pay for half the combined attorney's fees and legal defense costs incurred <br />on or before the date, or the amount of such fees and costs covered by the County's liability <br />coverage or self-retention fund, whichever is less. After that date, the remaining party will be <br />responsible for its own attorney's fees and legal defense costs. The County shall provide such <br />reimbursement in accordance with the Special Assistant Attorney General Billing policy within <br />thirty (30) days after the total amount of reimbursement can be determined. <br /> <br />xx. SEVERABILITY: <br />The parties agree that any term of provision of this contract is declared by a court of competent <br />jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and <br />provisions shall not be affected, and the rights and obligations of the parties shall be construed <br />and enforced as if the contract did not contain the particular term or provision held to be invalid. <br /> <br />XXI. WAIVER: <br />The failure of the CCSSB to enforce any provisions of this contract shall not constitute a waiver <br />by the CCSSB of that or any other provision. <br /> <br />XXII. MERGER CLAUSE: <br />This agreement constitutes the entire agreement between the parties. No waiver, consent, <br />modification or change of terms of this agreement shall bind either party unless in writing and <br />signed by both parties. Such waiver, consent, modification or change, if made, shall be effective <br />only in the specific instance and for the specific purpose given. There are no understandings, <br />agreements, or representations, oral or written, not specified herein regarding this agreement. <br />Provider, by the signature below of its authorized representative, hereby acknowledges that the <br />Provider has read this agreement, understands it and agrees to be bound by its terms andnconditions. <br />