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<br />PAGE 4 <br /> <br />the Provider has received more than $25,000 directly or indirectly, from all Federal sources and <br />is subject to the provisions of the Single Audit Act of 1984, Public Law 98-502, then the <br />provider will notify the CCSSB and will provide a schedule showing the funding for each State <br />and/or Federal program. <br /> <br />XI. CONFIDENTIALITY: <br />The Provider will not, except upon the written consent of the recipients or their responsible <br />parent, guardian, or custodian, use or cause to be used any information concerning such <br />individual for any purpose not directly connected with the CCSSB's or the Provider's <br />responsibilities with respect to services purchased hereunder. <br /> <br />XII. ASSIGNMENT: <br />The Provider shall not assign this agreement. <br /> <br />XIII. APPLICABLE LAW: <br />This agreement shall be governed by and construed in accordance with the laws of the State of <br />North Dakota. <br /> <br />XIV. CAPTIONS: <br />The captions or headings in this agreement are for convenience only and in no way defined, limit, <br />or describe the scope or intent of any provisions of this agreement. <br /> <br />XV. EXECUTION AND COUNTERPARTS: <br />This agreement may be executed in several counterparts, each of which shall be an original, all of <br />which shall constitute but one of the same instrument. <br /> <br />XVI. AMENDMENTS: <br />The terms of this agreement shall not be waived, altered, modified, supplemented, or amended, <br />in any manner whatsoever, except by written instrument signed by the parties. <br /> <br />XVII. NOTICES: <br />All notices, certificates or other communications shall be sufficiently given when delivered or <br />mailed, postage prepaid, to the parties at their respective places of business as set forth in the <br />preamble to this agreement or at a place designated hereafter in writing by the parties. <br /> <br />XVIII. SUCCESSORS IN INTEREST: <br />The provisions of this agreement shall be binding upon and shall inure to the benefit of the <br />parties hereto, and their respective successors and assigns. <br /> <br />XIX. INSURANCE AND LEGAL DEFENSE <br />It is the parties' intent that they each should pay any attorney's fees and legal defense costs <br />resulting from or arising out of this agreement in the same proportion that each party's liability <br />for the acts of its own officers, employees or agents bears to the parties' combined liability, if <br />any, or pay such fees and costs equally when a claim against both parties is resolved and neither <br />party is found liable, to the greatest extent the fees and costs are covered by the County's <br />