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<br /> • i. 1. There shall be deemed to be a breach of this Agreement:
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<br /> (a) If the SUBSCRIBER shall default in any payment due hereunder and such
<br /> - - default shall continue for a period of ten (10) days after due;
<br /> (b) The County may terminate this Agreement immediately upon
<br /> SUBSCRIBER's default or breach of any term or condition contained herein. �
<br /> (c) If SUBSCRIBER, without the COUNTY's prior written consent, removes or
<br /> permits any of the same to be used by anyone, or sells, pledges, assigns,
<br /> hypothecates, transfers, subleases or otherwise disposes of or encumbers this
<br /> Agreement or any part hereof or any part thereof or attempts to do any of the
<br /> aforesaid. �
<br /> 2. In the event of SUBSCRIBER's breach of this Agreement, as herein defined:
<br /> ' (a) The County may cancel this Agreement upon written notice to
<br /> _ SUBSCRIBER.
<br /> (b) The SUBSCRIBER shall be liable for all costs, damages and losses
<br /> incurred by the COUN7Y on account of said breach and/or also in canceling or
<br /> terminating this Agreement.
<br /> (c) All sums due and to become due hereunder, at the COUNTY's option, shall
<br /> become payable forthwith.
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<br /> (d) The COUNTY may also enforce specific performance of the applicable
<br /> covenants of this Agreement by appropriate legal proceedings, as well as any
<br /> other remedy herein provided. Should any legal proceedings be instituted by the
<br /> COUNTY to recover any monies due or to become due hereunder, and/or to
<br /> recover other damages sustained by the COUNTY on account of such breach,
<br /> the SUBSCRIBER shall pay a reasonable sum as attorney's fees.
<br /> J. No right or remedy of the COUNTY hereunder shall be exclusive of any other right or
<br /> remedy herein or by law, statute or equity provided, but each shall be cumulative and in
<br /> addition to every other right or remedy, and shall be deemed to be continuing, none of which
<br /> shall be exhausted by being exercised on one or more occasion and may be enforced
<br /> concurrently or from time to time.
<br /> K. SUBSCRIBER, its officers, agents, owners, partners, employees, vol.unteers and
<br /> subcontractors agree to abide by the provisions of the Minnesota Government Data Practices
<br /> Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, �
<br /> regulations and orders relating to data privacy or confidentiality, and as any of the same may
<br /> be amended.
<br /> The SUBSCRIBER shall defend, indemnify and hold the COUNTY harmless from any
<br /> and all liability, claims, damages,judgments, costs (including reasonable attorneys'fees),
<br /> demands or actions arising, directly or indirectly, out of any act or omission on the part of the
<br /> SUBSCRIBER, its emplojrees, officers, agents, contractors or representatives relating to the
<br /> • obtaining, use, and or possession of information provided hereunder, SUBSCRIBER's access
<br /> to the computer system, including without limitation, the obtainment, installation/de-installation
<br /> IT Form Contract
<br /> Rev.Nov.,2002
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