Resolution 2013-01 - Laserfiche WebLink

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Directors and the EMT against any and all claims,judgments, losses, demands, and costs in any way arising out of this Agreement to the extent such claims, judgments, losses, demands and costs are not barred by the Colorado Governmental Immunity Act and any other applicable laws. EAGLE-Net shall be responsible for and shall maintain insurance necessary for its operation relating to assets owned, liabilities incurred and/or employees and contractors retained by EAGLE-Net. EAGLE-Net shall also maintain insurance to cover the costs of its obligation to indemnify its Members and Directors. In so doing, EAGLE-Net does not waive the protections, rights and limitations of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., and any other applicable laws. 19. SEVERABILITY. Should any part, term, or provision of this Agreement be declared to be illegal or in conflict with any law whatsoever, or otherwise rendered unenforceable or ineffectual, by any agency or court of competent jurisdiction, the remaining portions of this Agreement shall nonetheless remain in effect and the Members each agree that they would have entered into each provision of this Agreement separately even if none of the other provisions had been included. 20. AMENDMENT. The form of this Agreement for use with future Members may be amended by the two-thirds (2/3) vote of the total number of Directors. Any amendments with existing Members must be by mutual written agreement of the then existing parties. 21. REPORTING AND RECORD KEEPING. EAGLE-Net shall report all proposed amendments of this Agreement or any bylaws promulgated pursuant to this Agreement, any meeting changes, changes in budget, and any information important to the operation of this Agreement to the Directors. All documents required to be made available under any local, state, or federal law or regulation shall be deposited at the communications address as set forth in Section 2, above. To the extent required by applicable law, the EMT shall engage an independent accounting firm to perform an annual audit of the financial statements of EAGLE- Net, which audit shall be distributed to each Member and Directors in summary form. All such documents and any other documents maintained by, or pertaining to, EAGLE-Net shall be available upon reasonable notice for inspection by any Member. 22. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall give rise to any rights or allow any claim by any third party. It is the express intention of the parties that any third party receiving benefits from this Agreement shall be deemed an incidental beneficiary only. 23. VENUE. Any legal action brought pursuant to this Agreement shall be proper in the EAGLE-Net Intergovernmental Agreement Revised 1/17/12 Page 9