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<br />10. NO EXCLUSIVE RIGHT OR REMEDY <br />No right or remedy of the COUNTY hereunder shall be exclusive of any other <br />right or remedy herein or by law, statute or equity provided, but each shall be <br />cumulative and in addition to every other right or remedy, and shall be <br />deemed to be continuing, none of which shall be exhausted by being exercised <br />on one or more occasions and may be enforced concurrently or from time to <br />time. <br /> <br />11. INDEMNIFICATION OF LIABILITY <br />The USER shall defend, indemnify and save the COUNTY harmless from any <br />liability, claims, damages, judgments, costs (including reasonable attorneys' <br />fees), demands or actions arising, directly or indirectly, out of any act or <br />omission on the part of the USER, its employees, officers, agents, contractors <br />or representatives relating to the obtaining, use, and/or possession of <br />information provided hereunder, USER'S access to the computer system, <br />including without limitation, the obtainment and any and all activities related <br />thereto, and/or relating to the ownership, use or operation of USER'S <br />equipment and from all loss or liability by any reason of failure ofthe USER, <br />in any respect, to perform fully or observe all obligations under this <br />Agreement. <br /> <br />12. CORRESPONDENCE AND NOTICE <br />Any notice or demand, which mayor must be given by a party hereto, under <br />the terms of this Agreement or any statute or ordinance, shall be in writing <br />and shall be sent registered or certified mail to the other party addressed as <br />follows: <br /> <br />TO USER: <br /> <br />USER EMAIL: <br /> <br />USER PHONE: <br /> <br />TO COUNTY: Cass County Commission <br />211 9th Street South <br />PO Box 2806 <br />Fargo ND 58108-2806 <br /> <br />Either party may designate a different addressee or address at any time by <br />giving written notice thereof as above provided. Any notice, if mailed, <br />properly addressed, postage prepaid, registered or certified mail, shall be <br />deemed dispatched on the registered date or that stamped on the certified mail <br />receipt and shall be deemed received within the second business day thereafter <br />or when it is actually received, whichever is sooner. <br />13. AGREEMENT IN WRITING <br />This written agreement shall represent the agreement between the COUNTY <br />and the USER. No oral agreement, guarantee, promise, condition, <br />