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serve the paved portion of Highway 96. The main trunk storm sewer in the portion of <br /> Highway 96 within the City shall be owned and maintained by the City. <br /> 7. Any utilities or facilities modified or added to those provisions presently made in the <br /> plans and specifications may be incorporated in the construction contract by <br /> supplemental agreement and shall be paid for as specified in the supplemental agreement. <br /> Design and construction engineering fees for additions shall be negotiated at the time of <br /> supplemental agreement preparation. <br /> 8. Throughout project design and construction, the County shall prepare partial cost and <br /> payment estimates for construction costs at appropriate intervals, notify the City of its <br /> share of the costs for the City's items of work. City shall pay its share of construction <br /> costs within twenty one calendar days of receipt of County invoice. <br /> 9. The City shall pay to the County all additional remaining costs for its share of the work <br /> upon notification by the County of the final amounts due to the contractor. <br /> 10. All payments by the City shall be to the Treasurer of Ramsey County,Minnesota. <br /> 11. The City and County shall indemnify, defend and hold each other harmless against any <br /> and all liability,losses, costs, damages, expenses, claims, or actions, including attorney's <br /> fees, which the indemnified party, its officials, agents, or employees may hereafter <br /> sustain, incur, or be required to pay, arising out of or by reason of any act or omission of <br /> the indemnifying party, its officials, agents or employees, in the execution,performance, <br /> or failure to adequately perform the indemnifying party's obligation pursuant to this <br /> Agreement. Nothing in this Agreement shall constitute a waiver by the County or the <br /> City of any statutory or common law immunities, limits, or exceptions on liability. <br /> Page 3 of 5 <br />