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4. The City may use the Equipment for its needs consistent with the normal <br />functions of the Equipment and shall deploy the Equipment as requested by the County, <br />including but not limited to use by the County in the event the County's 911 call center <br />becomes unusable. The City agrees that it shall not loan or lease the Equipment to any <br />other agency without the prior written permission of County. <br />5. The City at its expense shall store the Equipment in a manner and place <br />suitable for its continued proper functioning. The City at its expense shall provide <br />routine cleaning of the Equipment. The County will be responsible for any periodic <br />maintenance, repairs or damage to the Equipment except for those repairs or damage <br />caused by the negligence of City, which shall be its responsibility. <br />6. The County at its expense shall provide training for City employees using <br />the Equipment. <br />7. Each party agrees to indemnify and hold harmless the other party from any <br />damage, claim, loss or expense (including attorneys fees) arising from the acts or <br />omissions of the indemnifying party relating to the duties or obligations of each party <br />required by this Agreement. <br />8. Either party may terminate this Agreement upon one hundred eighty (180) <br />days prior written notice with or without cause. <br />9. This Agreement shall be for a term of three (3) years from the initial <br />effective date and shall be renewable for additional one (1) year terms unless either party <br />notifies the other of non-prior renewal of this Agreement no later than ninety (90) days <br />prior to the anniversary date of this Agreement. <br />10. This document contains the entire understanding of the parties with <br />reference to the loan of the Equipment. Any modification of this Agreement must be in <br />writing and executed by both parties. <br />11. This Agreement is governed by the laws of the State of North Carolina. <br />IN WITNESS, the parties have executed this Agreement effective the day and <br />year first written above. <br />CITY OF KANNAPOLIS CABARRUS COUNTY <br />By: <br />Mayor <br />By: <br />Chair <br />Board of Commissioners <br />Page 2 of 2 <br />F ~ A~~cli~n~~t number 1 <br />