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The contractor shall hold the State of New Mexico, participating entities and its agencies <br />and employees harmless and shall indemnify the State of New Mexico, participating <br />entities and its agencies and employees against any and all claims, suits, actions, liabili- <br />ties and costs of any kind, including attorney's fees for personal injury or damage to <br />property arising from the acts or omissions of the contractor, its agents, officers, <br />employees or subcontractors. Contractor shall not be liable for damages that are the result <br />of negligence by the State of New Mexico, the participating entities, their respective <br />agencies, and/or their respective employees. <br />F W11MITIl"I n <br />The agreement shall only be amended by written instrument executed by the parties. <br />%T .`%Ti. —JER I_ p - n <br />This agreement incorporates all of the agreements of the parties concerning the subject <br />matter of this agreement, and all prior agreements have been merged into this agreement. <br />No prior agreements, verbal or otherwise, of the parties or their agents shall be valid or <br />enforceable unless embodied in this agreement. <br />001115riTm fro a .MS 3W.TKOTIf <br />If any term or condition of this agreement shall be held invalid or unenforceable, the <br />remainder of this agreement shall not be affected and shall be valid and enforceable. <br />A party's failure to require strict performance of any provision of this agreement shall not <br />waive or diminish that party's right thereafter to demand strict compliance with that or <br />any other provision. No waiver by a party of any of its rights under this agreement shall <br />be effective unless express and in writing, and no effective waiver by a party of any of its <br />rights shall be effective to waive any other rights. <br />Contractor agrees to maintain and support a contractor supplied Internet website for <br />access to the SES, service selection assistance, problem resolution assistance, product <br />descriptions, product specifications, coverage description and other aides in accordance <br />contractors proposal. In addition, contractor agrees to provide electronic commerce <br />assistance for the electronic submission of purchase orders, purchase order tracking, <br />payment by purchase card and reporting by September 30, 2001. <br />r • 9,..... , . .... , <br />12 <br />