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four (4) Model 100 soft cover carry cases) for polling places contained within the <br /> City. <br /> 1.2 The County hereby leases to the City subject to the terms and conditions of this <br /> Agreement, and the City hereby agrees to lease from the County AVT Equipment <br /> identified as: five (5) AutoMARK Voter Assist Terminals, ten (10) 256mb <br /> Flashcard and five (5) ES&S AutoMARK Tables with adjustable legs for polling <br /> places contained within the City. <br /> 1.3 The County and the City hereby rescind Agreement A08210, dated August 3, <br /> 1999, and replace that Agreement with this Agreement. <br /> 1.4 Subject to the terms and conditions of this Agreement, the parties may agree by <br /> written addendum executed by all the parties to increase or decrease the County <br /> Election and AVT Equipment included within the scope of this agreement. <br /> Hennepin County hereby delegates authority to execute such an addendum to <br /> the County Auditor. The City hereby delegates authority to execute such an <br /> addendum to its City Administrator/Manager. <br /> Section 2 <br /> OWNERSHIP <br /> 2.1 The City acknowledges that the County owns the Election and AVT Equipment <br /> and that the City is authorized to use said Election Equipment and AVT <br /> Equipment for official election related purposes. Use of the Election and AVT <br /> Equipment for any other purpose is strictly prohibited absent express written <br /> consent of the County Auditor. <br /> 2.2 The City acknowledges and agrees that the Election and AVT Equipment may <br /> contain proprietary and trade secret information that is owned by Election <br /> Systems and Software (ES&S) and is protected under federal copyright law or <br /> other laws, rules, regulations and decisions. The City shall protect and maintain <br /> the proprietary and trade secret status of the Election and AVT Equipment. <br /> Section 3 <br /> HANDLING OF EQUIPMENT AND INDEMNIFICATION <br /> 3.1 The City shall be responsible for the Election and AVT Equipment while it is in <br /> the City's custody. The City, either through insurance or a self-insurance <br /> program, shall be responsible for all costs, fees, damages and expenses <br /> including but not limited to personal injury, storage, damage, repair and/or <br /> replacement of the Election and AVT Equipment while it's in the City's custody <br /> and this contract is in effect, consistent with the City's defense and indemnity <br /> obligations contained in Section 7.6 herein. <br /> - Pa�e2of7 <br />