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December 1, 2007 <br />unusually severe weather. This provision shall become effective only if the party failing to <br />• perform immediately notifies the other party of the extent and nature of the problem, limits delay <br />in performance to that required by the event, and takes all reasonable steps to minimize delays. <br />This provision shall not be effective unless the failure to perform is beyond the control and <br />without the fault or negligence of the nonperforming party. <br />K. Indemnification. The Consultant shall indemnify and hold harmless the Foundation and <br />Governance Committee, and their officers, agents, employees, successors and assignees from <br />any and all claims, lawsuits, losses and liability arising out of Consultant's failure to perform any <br />of ConsultanYs duties and obligations hereunder or in connection with the negligent performance <br />of Consultant's duties or obligations, including but not limited to any claims, lawsuits, losses or <br />liability arising out of Consultant's malpractice. <br />L. Ownership of Documents/Work Product/Materials. All documents, reports, <br />records, field notes, data, samples, specimens, and materials of any kind resulting from <br />performance of this Agreement are at all times the property of the Governance Committee. <br />M. Patent or Copyright Protection. The Consultant recognizes that certain proprietary <br />matters or techniques may be subject to patent, trademark, copyright, license or other similar <br />restrictions, and warrants that no work performed by the Consultant or its subcontractors will <br />violate any such restriction. <br />• N. Compliance with Law. The Consultant shall keep informed of and comply with all <br />applicable federal, state and local laws and regulations in the performance of this Agreement. <br />0. Entirety of Contract. This Contract, consisting of five (5) pages, Exhibit A, consisting <br />of two (2) pages, and Exhibit B, consisting of two (2) pages, represents the entire and integrated <br />Agreement between the parties and supersedes all prior negotiations, representations, and <br />agreements, whether written or oral. <br />P. Contacts. <br />Jeff Yost, Nebraska Community Foundation <br />650 J Street, Ste 305, Lincoln NE 68501-3107 <br />Ph: 402/323-7330 fax: 402/323-7349 <br />Email: jeffyost@nebcommfound.org <br />Jerry Kenny, Executive Director far the Governance Committee <br />3710 Central Avenue, Suite E, Kearney NE 68847 <br />Ph: 308/237-5728 fax 308/237-4651 <br />Email: kennyj@headwaterscorp.com <br />John Lawson, Bureau of Reclamation <br />• 705 Pendell Blvd. <br />Mills, WY 82644-1630 <br />4