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15. NOTICE <br />All notices or other communications required under this contract must be given by registered or certified mail and are <br />complete on the date mailed when addressed to the parties at the following addresses: <br />Steven R. Engen, Director of Inspections Lt. Carlos Perez, Administrator <br />Dept Corrections & Rehab (DOCR) OR Cass County Jail <br />PO Box 1898, 3100 Railroad Ave 450 34 Street South <br />Bismarck, ND 58502-1898 Fargo, ND 58103 <br />Phone: (701) 328-6652 Phone: (701) 271-2900 <br />Email: sengen(a~nd.gov Email: jail(a~casscountynd.gov <br />Notice provided under this provision does not meet the notice requirementsfor monetary claims against the State <br />found at N.D.C.C. § 32-12.2-04. <br />16. APPLICABLE LAW AND VENUE <br />This contract is governed by and construed in accordancewith the lawsofthe State of North Dakota. Any action to <br />enforce this contract must be brought in the District Court of Burleigh County, North Dakota. <br />17. SPOLIATION -NOTICE OF POTENTIAL CLAIMS <br />CONTRACTOR agrees to promptly notify STATE of all potential claims that arise or result from this contract. <br />CONTRACTOR shall also take all reasonable steps to preserve all physical evidence and information that may be <br />relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to STATE <br />the opportunity to review and inspect the evidence, including the scene of an accident. <br />18. INDEMNITY <br />The State and Political Subdivision (Contractor) each agrees to assume its own liability for any and all claims of any <br />nature including all costs, expenses and attorneys' fees which may in any manner result from or arise out of this <br />agreement. <br />19. INSURANCE <br />Contractor shall secure and keep in force during the term of this agreement, from insurance companies, government <br />self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following <br />insurance coverages: <br />1) Commercial general liability, including premises or operations, contractual, and products or completed <br />operations coverages (if applicable), with minimum liability limits of $250,000 per person and $500,000 per <br />occurrence. <br />2) Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits <br />of $250,000 per person and $500,000 per occurrence. <br />3) Workers compensation coverage meeting all statutory requirements. <br />The insurance coverages listed above must meet the following additional requirements: <br />1) Any deductible orself-insured retention amount or other similar obligation under the policies shall be the sole <br />responsibility of the Contractor. The amount of any deductible or self retention is subject to approval by the <br />State. <br />2) This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella <br />or catastrophe form and must be placed with insurers rated "A--" or better by A.M. Best Company, Inc., <br />provided any excess policy follows form for coverage. Less than an "A--" rating must be approved by the State. <br />The policies shall be in form and terms approved by the State. <br />3) The insurance required in this agreement, through a policy or endorsement, shall include a provision that the <br />policy and endorsements may not be canceled or modified without thirty (30) days' prior written notice to the <br />undersigned State representative. <br />4) The Contractor shall furnish a certificate of insurance to the undersigned State representative prior to <br />commencement of this agreement. <br />5) Failure to provide insurance as required in this agreement is a material breach of contract entitling State to <br />terminate this agreement immediately. <br />Page 4 of 9 <br />