|
Government shall be responsible for the timely payment of all such fees and costs. Additionally,
<br />separate and apart from its use of the Website, the Local Government shall be solely responsible
<br />for any and all costs associated with the placement of any advertisements or notices that the
<br />Local Government is required, or chooses, to publish in a print publication and for any
<br />advertisements or notices that the Local Government provides by mail or email pursuant to
<br />section 50.0311(6) or any other applicable law, rule, or regulation. If the Local Government fails
<br />to pay such fees and costs in a timely manner, the County may terminate the Local Government's
<br />access to the Website, and the County shall have no liability to the Local Government for such
<br />termination or lack of access due to non-payment.
<br />12. Costs. The annual necessary software, maintenance, and support costs for each Local
<br />Government are estimated to be $707 per Local Government agent or employee user. This figure
<br />represents an approximate estimate of the anticipated recurring annual costs, which may vary
<br />from year-to-year, and nothing herein shall be deemed to preclude the County from charging the
<br />Local Government the actual costs associated with its use of the Website in a given year, as
<br />provided in paragraph 11. In addition, such costs may be subject to annual increases at the
<br />County's discretion, and the Parties agree that the estimated annual cost figure set forth in this
<br />paragraph shall be adjusted and deemed amended herein accordingly.
<br />13. Reimbursable Expenses. The Local Government will not be reimbursed for expenses it
<br />bears unless expressly provided for in this Agreement.
<br />14. Sovereign Immunity. Nothing herein is intended to serve as a waiver of sovereign
<br />immunity by either Party nor shall anything included herein be construed as consent by either
<br />Party to be sued by a third party in any matter arising out of this Agreement.
<br />15. Indemnification. Local Government shall indemnify and hold harmless the County and all
<br />of the County's current, past, and future officers, agents, and employees (collectively,
<br />"Indemnified Parties") from and against any and all causes of action, demands, claims, losses,
<br />liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses,
<br />including through the conclusion of any appellate proceedings, raised or asserted by any person
<br />or entity not a party to this Agreement, and (i) relating to the Local Government's use of the
<br />Website or the Local Government's advertisements or notices published on the Website, or (ii)
<br />caused or alleged to be caused, in whole or in part, by any breach of this Agreement by the Local
<br />Government, or (iii) any intentional; reckless, or negligent act or omission of the Local
<br />Government, its officers, employees, or agents, arising from, relating to, or in connection with
<br />this Agreement or the Local Government's use of the Website. The Local Government further
<br />agrees and acknowledges that, from time to time, issues relating to, for example, technological
<br />glitches or failures, hardware or software malfunction, connectivity, and loss of power may arise
<br />and that such issues may impact the ability of the Local Governmentto use the Website to publish
<br />advertisements and notices. The Local Government agrees and acknowledges that the County
<br />shall not be liable for any such issues, and further agrees to indemnify and hold harmless the
<br />Indemnified Parties from and against any and all causes of action, demands, claims, losses,
<br />liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses,
<br />382
<br />
|