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i:► 5 3 <br />modifications to the contract must be made in writing signed by an authorized <br />representative of each party. <br />26. Patents and Royalties Logan Systems covenants to save, defend, keep <br />harmless, and indemnify Lee County and all its officers, departments, <br />agencies, agents, and employees from and against all claims, loss, damage, <br />injury, fines, penalties, and cost — including court costs and attorney's fees, <br />charges, liability, and exposure, however caused — for or on account of any <br />copyright or patented or unpatented invention, process, or article <br />manufactured or used in the performance of the contract, including its use by <br />Lee County. If Logan Systems uses any design, devise, or materials covered <br />by patent or copyright, it is mutually agreed and understood without exception <br />that the contract price includes all royalties or costs arising from the use of <br />such design, devise, or materials in any way in the work. <br />27. Quality Control Logan Systems shall institute and maintain throughout the <br />contract period a properly documented quality control program designed to <br />ensure that the services are provided at all times and in all respects in <br />accordance with the contract. <br />28. Right to Audit Logan Systems shall maintain such financial records and <br />other records as may be prescribed by Lee County or by applicable federal <br />and state laws, rules, and regulations. Logan Systems shall retain these <br />records for a period of five years after final payment, or until they are audited <br />by Lee County, whichever occurs first. These records shall be made available <br />during the term of the contract and the subsequent five -year period for <br />examination, transcription, and audit by Lee County, its designees, or other <br />authorized bodies. <br />29. Failure to Enforce Failure by either party at any time to enforce the <br />provisions of the contract shall not be construed as a waiver of any such <br />provisions. Such failure to enforce shall not affect the validity of the contract <br />or any part thereof or the rights of the parties to enforce any provision at any <br />time in accordance with its terms. <br />II. Services Provided <br />Traditional Indexing Services Logan Systems currently provides indexing <br />services to the ROD's office. It is this system that allows the ROD's staff to <br />input indexing data and print out various verification forms and statistical <br />reports to insure the accuracy of the information. The monthly and annual <br />merges and the corresponding paper prints will continue to be provided. In <br />addition, all corrections to the indexing data will continue to be reflected in <br />paper print outs as appropriate. The ROD intends to index: <br />• Land records <br />• Plat book records <br />• Birth records <br />• Death records <br />• Marriage records <br />4 <br />