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DocuSign Envelope ID: E3832BB2-5555-45C8-AA23-E05300514E38 <br /> Governmental Entity's custody and this contract is in.effect unless such costs, fees, <br /> damages, and expenses are then currently covered under a manufacturer warranty <br /> covering said equipment. The Governmental Entities shall be responsible for, provide <br /> coverage for and shall provide proof of general liability and worker's compensating <br /> insurance (Hold Harmless Agreement) for all individuals providing services required by this <br /> contract. In addition to the foregoing, the Governmental Entities shall, during the term of.this <br /> contract, maintain, through commercially available insurance or on a self-insured basis, <br /> property insurance coverage on all of the voting systems used or intended for use in this <br /> agreement to cover all repairs or replacement of the voting equipment if damaged or stolen. <br /> The Governmental Entities are responsible for any deductible under their policy. <br /> Section 11 <br /> Independent Contractor <br /> 11. It is agreed that nothing in this contract is intended or should be construed as creating the <br /> relationship of agents, partners, joint ventures, or associates between the parties hereto or <br /> as constituting the County or the Governmental Entities as the employee of the other entity <br /> for any purpose or in any manner whatsoever. The County is an independent contractor <br /> and neither it, its employees, agents, nor its representatives are employees of the <br /> Governmental Entities. From any amounts due the County, there shall be no deductions for <br /> federal income tax or FICA payments, nor for any state income tax, nor for any other <br /> purposes which are associated with an employer-employee relationship unless required by <br /> law. <br /> Section 12 <br /> Data Practices <br /> 12. All data created, collected, received, maintained, or disseminated for any purpose in the <br /> course of this contract is governed by the Minnesota Government Data Practices Act, any <br /> other applicable statute, or any rules adopted to implement the Act or statute, as well as <br /> federal statutes and regulations on data privacy. <br /> Section 13 <br /> No Waiver <br /> 13. No delay or omission by either party hereto to exercise any right or power occurring upon <br /> any noncompliance or default by the other party with respect to any of the terms of this <br /> Agreement shall impair any such right or power or be construed to be a waiver thereof <br /> unless the same is consented to in writing. A waiver by either of the parties hereto of any of <br /> the covenants, conditions, or agreements to be observed by the other shall not be construed <br /> to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement <br /> herein contained. All remedies provided for in this Agreement shall be cumulative and in <br /> addition to, and not in lieu of, any other remedies available to either party at law, in equity, or <br /> otherwise. <br /> Section 14 <br /> Governing Law <br /> 14. This Agreement shall be governed by and construed in accordance with the laws of the <br /> State of Minnesota. <br /> Page 6 of 11 <br />