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'I <br /> I <br /> :j <br /> S <br /> hereby agrees to hold harmless the MUNICIPALITY against any such <br /> claim. <br /> 3. The MUNICIPALITY, its officers,and employees, shall not be deemed to <br /> assume any liability for the intentional or negligent acts of the COUNTY <br /> or the COUNTY'S employees performing services pursuant to this 'S <br /> Agreement,and the COUNTY shall hold the MUNICIPALITY,its <br /> officers, and employees harmless from and shall defend and indemnify the <br /> MUNICIPALITY, its officers, and employees against any claim for <br /> damages arising out of the COUNTY'S performance of this Agreement. <br /> S <br /> 4. The COUNTY, its officers,and employees shall not be deemed to assume <br /> any liability for intentional or negligent acts of the MUNICIPALITY or of <br /> any other officers, agent or employee thereof, and the MUNICIPALITY <br /> shall hold the COUNTY and its officers and employees harmless from, <br /> and shall defend and indemnify the COUNTY and its officers and <br /> employees against any claim for damages arising out of the <br /> MUNICIPALITY'S performance of this Agreement. <br /> 5. The COUNTY agrees to maintain; during the term of this Agreement, <br /> automobile, general liability, workers' compensation,and professional <br /> liability insurance in amounts deemed appropriate by the COUNTY. The <br /> COUNTY shall name the MUNICIPALITY as an additional insured on <br /> these policies except for the workers' compensation policy. The <br /> MUNICIPALITY agrees to pay, as a part of the actual cost as provided in <br /> Section 6 below,a pro rata share of the COUNTY'S insurance costs. <br /> These costs shall include the costs for any assessments and credits for any <br /> dividends by participating in any insurance pools or trusts. The COUNTY <br /> may elect to self-insure-all or any portion of these risks. If the COUNTY <br /> cannot obtain insurance and/or elects to self-insure, the MUNICIPALITY <br /> shall pay a pro rata share of the costs of self.-insurance,based on each <br /> MUNICIPALITY'S share of the approved annual budget. Insurance costs <br /> as they relate to insurance coverage shall include premiums and <br /> deductibles. Costs of self-insurance shall include reserves, claims and <br /> damage payments,and administration costs required to maintain seif- <br /> insurance_ <br /> 6. The MUNICIPALITY acknowledges that the COUNTY may, in an effort <br /> to provide the best insurance coverage at the most economical cost, <br /> become a member of the Minnesota Counties Insurance Trust or some <br /> similar organization; and.the MUNICIPALITY further acknowledges that <br /> membership in such an organization may be for a fixed minimum term and <br /> may expose the COUNTY to some type of contingent cost liability, such <br /> as debts, obligations and liabilities, in the event that the COUNTY <br /> withdraws its membership. The MUNICIPALITY agrees to reimburse the - <br /> Y <br /> COUNTY for the MUNICIPALITY'S pro rata share of any such <br /> 4 <br />