h. Contract approval
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h. Contract approval
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<br />representation or warranty shall be binding; all prior conversations, <br />agreements or representations related hereto are integrated herein, and no <br />modifications hereof shall be binding unless in writing and signed by both the <br />COUNTY and the USER. <br /> <br />14. JURISDICTION <br />This Agreement shall be governed by and construed under the laws of the <br />State of North Dakota. Cass County shall be the appropriate venue and <br />jurisdiction for any litigation arising hereunder, except that venue and <br />jurisdiction in the Federal Courts shall be in the appropriate Federal Court <br />within the State of North Dakota. If any provision of the Contract is held <br />invalid, illegal or unenforceable, the remaining provisions will not be affected. <br /> <br />15. SECURITY /USER LIABILITY <br />It is agreed by USER that USER personnel will only inquire into the data in <br />the method prescribed and documented by COUNTY. USER further agrees <br />that USER personnel will strictly follow the security policy established by the <br />COUNTY regarding USER ID and PASSWORD security for access to the <br />COUNTY computer system. It is understood that any access to the COUNTY <br />computer system, originating from the equipment or phone line servicing <br />USER, which does not follow the prescribed method of secure access will be <br />prohibited. USER will be held fully liable, to the fullest extent of the law, for <br />any breach of this security agreement in the event of any unauthorized access <br />to the COUNTY computer system. <br /> <br />16. COUNTY /USER RELATIONSHIP <br />It is agreed that nothing herein contained is intended or should be construed in <br />any manner as creating or establishing the relationship of joint ventures or co- <br />partners between the parties hereto or as constituting the USER as the agent <br />representative or employee ofthe COUNTY for any purpose or in any manner <br />whatsoever. The USER is to be and shall remain an independent USER under <br />this Agreement. Any and all personnel of the USER or other persons, while <br />engaged in the performance of any activity under this Agreement, shall have <br />no Contractual relationship with the COUNTY and shall not be considered <br />employees of the COUNTY and any and all claims that mayor might arise <br />under the workers' compensation act ofthe State of North Dakota on behalf of <br />said personnel or other persons while so engaged, and any and all claims <br />whatsoever on behalf of such person or personnel arising out of employment <br />or alleged employment including, without limitation, claims of discrimination <br />against the USER, its officers, agents, or employees shall in no way be the <br />responsibility of the COUNTY and the USER shall defend, indemnify and <br />hold the COUNTY, its officers, agents, and employees harmless from any and <br />all such claims regardless of any determination of any pertinent tribunals, <br />agency, board, commission or court. Such personnel or other persons shall <br />not require nor be entitled to any compensation, rights, or benefits of any kind <br />whatsoever from the COUNTY, including, without limitation, tenure rights, <br />medical and hospital care, sick and vacation leave, worker's compensation, <br />unemployment compensation, disability severance pay and retirement. <br />
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