AG 1996 05 21 - Laserfiche WebLink

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XI. XII. FAILURE TO ENFORCE Failure by the County at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the County to eifforce any provision at any time in accordance with its terms. INDEMNIFICATION The contractor covenants to save, defend, keep harmless, and indemnify the County and all of its officers, departments, agencies, agents and employees from and against all claim~, loss, damage, injury, fines, penalties and cost - including court costs and attorney's fees, charges, liability and exposure, however, caused - resulting from, arising out of; or in any way connected with the contractors negligent performance or nonperformance of the terma of the contract. However, only to the extent that the County's negligence or nonperformance did not contribute to the matter indemnified herein. NONAPPROPRIATION All funds for payment by the County under this contract are subject to the availability of an annual appropriation for this purpose by the County. In the event of nonappropdation of funds by the Board of Commissioners for the services provided under the contract, the County will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the services covered by this contract is spent, whichever event occurs first. [fat any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the contractor on thirty days' prior written notice, but failure to give such notice shall be of no effect and the County shall not be obligated under this contract beyond the date of termination. RENEWAL OF CONTRACT Upon written agreement of both parties at least 60 days prior to each contract anniversary date, the contract may be renewed by the County for a period of two (2) successive one-year periods under the same prices, terms and conditions as in the origSnal contract. The total number of renewal years permitted shall not exceed two (2). TERMINATION FOR CONVENIENCE The performance of work under the contract may be terminated by the County and/or the contractor in whole or in part whenever it is deteJ-,ined that termination is in the best interest of the County and/or the contractor. Any such termination shall be effected by a written notice of termination at least thirty (30) days before the date of termination, specifying the extent to which performance of the work under the contract is terminated and the date upon which such te,,,ination becomes effective. 4