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10) APPLICABLE LAW AND VENUE: This agreement shall be governed by ~nd construed in accordance with the laws of the State of North Dakota. tny action to enforce this contract must be brought in the District Court of Cass County, North Dakota. 11 ) MERGER AND MODIFICATION: This document and the RFP constitute the entire agreement between the parties. In the event of any inconsistenc~ or conflict among the documents making up this agreement, the documents must control in this order of precedence: First-the terms of this contract, as may be amended; and Second-the county's request for proposal. No waiver, consent, modification or change of terms of this agreement shall oind either party unless in writing and signed by both parties. Such wai~er, consent, modification or change, if made, shall be effective only in the spetific instances and for the specific purpose given. There are no understandirigs, agreements or representations, oral or written, not specified herein regarding this agreement. 12) INDEMNITY: Contrator shall comply with all applicable federal, state ~nd local laws, rules and ordinances at all times in the performance of this agreement, and conduct its activities so as not to endanger any persorl or property. Contractor agrees to indemnify and save and hold harmless ckss County Government, its officers and employees from any and all claimJ of any nature resulting from or arising out of the activities of the contractorjnot covered by this agreement or RFP. SEVERABILITY: If any term in this contract is declared by a court ha ing jurisdiction to be illegal or unenforceable, the validity of the remaining te~ms must not be affected, and, if possibie, the rights and obligations of the parties are to be construed and enforced as if the contract did not contain that terri,. 13) CASS COUNTY GOVERNMENT CONTRACTOR By: By: Ken Pawluk, Chairman Sheree Spear WITNESS: WITNESS: Michael Montplaisir, Auditor Date: Date: