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AGREEMENT shall be and remain valid and binding as though such provision was not <br /> included herein. <br /> b. This AGREEMENT may be modified in writing upon the mutual agreement of <br /> COUNTY and MUNICIPALITY. <br /> c. By entering into this AGREEMENT, MUNICIPALITY agrees on behalf of its respective <br /> elected officials, officers, employees, subcontractors, subgrantees, agents or assigns, to conduct <br /> this transaction by electronic means by agreeing that all documents requiring COUNTY <br /> signatures may be executed by electronic means, and that the electronic signatures <br /> affixed by COUNTY to said documents shall have the same legal effect as if that <br /> signature was manually affixed to a paper version of the document. MUNICIPALITY <br /> also agrees to be bound by the provisions of Chapters 304 and 1306 of the Ohio Revised <br /> Code as they pertain to electronic transactions, and to comply with the electronic <br /> signature policy of COUNTY. <br /> d. All COUNTY agreements, including this AGREEMENT, are subject to all applicable <br /> COUNTY ordinances, including but not limited to, the Cuyahoga County Ethics <br /> ordinance and Cuyahoga County Inspector General Ordinance. MUNICIPALITY agrees <br /> that the charter provisions and all ordinances, resolutions, rules and regulations of the <br /> COUNTY now or hereafter applicable shall be included in this AGREEMENT for all <br /> purposes. <br /> e. MUNICIPALITY represents and warrants that it is not subject to an "unresolved" finding <br /> for recovery under Ohio Revised Code Section 9.24. <br /> f. This AGREEMENT has been properly authorized pursuant to the required provisions of <br /> any and all charter provisions, ordinances, resolutions and regulations of COUNTY and <br /> MUNICIPALITY. The individuals signing on behalf of the parties to this <br /> AGREEMENT are authorized to execute this AGREEMENT on behalf of COUNTY and <br /> MUNICIPALITY. MUNICIPALITY recognizes and agrees that no public official or <br /> employee of COUNTY may be deemed to have apparent authority to bind COUNTY to <br /> any contractual obligations not properly authorized pursuant to COUNTY'S Contracting <br /> and Purchasing Procedures. <br /> ARTICLE THREE—INDEMNITY AND INSURANCE <br /> MUNICIPALITY and COUNTY agree that neither entity can or will indemnify the other as <br /> both parties are political subdivisions and are prohibited by law from entering into an <br /> indemnification agreement. Accordingly, MUNICIPALITY and COUNTY agree that each <br /> will be solely and entirely responsible for its acts, errors, and omissions, and those of its <br /> employees and agents, during the performance of this AGREEMENT. MUNICIPALITY <br /> and COUNTY further agree that each will maintain and carry sufficient and appropriate <br /> liability insurance relative to the duties and obligations under this AGREEMENT. <br /> 2 <br />