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SERVICE AGREEMENT <br />Attachment E - RFP and RFP Response <br /> <br />INDEMNITY: MVSI shall protect, defend, indemnify and hold County, its officers and <br />employees free and harmless from and against any and all losses, penalties, damages, <br />settlements, costs, charges, professional fees or other expenses or liabilities' <br />(collectively hereinafter "Claims") of every kind and character arising out of or relating to <br />any and all actions, proceedings or causes of action brought by any subcontractor of <br />MVSI or other third party in connection with. or arising out of this Software License <br />Agreement or arising out' of the error, omission or negligent act of MVSI. Without <br />limiting the foregoing, any and all such Claims relating to personal injury, infringement of <br />any patent, trademark, and copyright (intangible personal or property right) shall be <br />included in the indemnity hereunder. The indemnity hereunder shall not extend to any <br />Claims brought in connection with 'this Software License Agreement arising out of or <br />relating to the error, omission or negligent act of County, its officers or employees. <br /> <br />CONSIDERATIONS: The Application Software is provided to County in consideration <br />of payment to MVSI according to Attachment B (MVSI Fee Schedule). Payment is due <br />and payable as of the Effective Date of the License Fee Date as iden'~ified in Attachment <br />B. <br /> <br />AGREEMENT STATUS: It is understood by and- between MVSI and County that this <br />Software License Agreement represents the understanding between the parties with <br />respect to the Application Software licensed hereunder. <br /> <br />GOVERNING LAW AND SEVERABILITY: MVSI and the, County agree that this <br />Software License Agreement shall be governed by, construed and enforced in <br />accordance with the laws of the State of Missouri. The invalidation in whole or part of <br />any portion of this' Software License Agreement shall not affect the validity of the <br />remaining portion. <br /> <br />REMAINING PAGE INTENTIONALLY LEFT BLANK <br /> <br /> 20 F.--to <br />MVSI/Cabarrus County_NC Contract/9/2~3/2002 <br /> <br /> <br />