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notice by the Mounds View City Engineer that such meter is not functioning properly, Arden Hills shall repair or replace such meter within 72 hours. Failure to ensure an operational meter shall be a default under this Agreement. Arden Hills and Mounds View can jointly request the Metropolitan Council Environmental Services (MCES) to take over the metering station. Once accepted, MCES would own and operate the meter stations and provide treatment billing from this meter station for both Arden Hill and Mounds View. 3. Use Charges. Arden Hills hereby agrees to pay Mounds View for use of Mounds View's sanitary sewer system. The parties expressly acknowledge that Arden Hills' continued use of Mounds View's infrastructure creates a unique and significant burden on that system. The current rate to be paid by Arden Hills is $43.00 per 73,000 gallons to be discharged through Mounds View's sanitary sewer system as calculated by the totalization meter. The parties expressly acknowledge that this amount may be subject to future adjustment. If Mounds View desires to make such adjustments, it must notify Arden Hills, in writing, at least 90 days prior to imposing any adjustments. This payment shall constitute full compensation to Mounds View for the operation, maintenance, and depreciation of Mounds View's sanitary sewer infrastructure pursuant to this Agreement. 4. Compliance with Re ulatiflns. Arden Hills shall be solely responsible for ensuring that it complies with all regulations of Mounds View, including ensuring that the Sewer remains in good and working condition. 5. Ownership: No Warranty. The parties expressly acknowledge that the Sewer be the personal property of Arden Hills. Arden Hills shall insure the sewer line to the point of connection (Mounds View MH -38). Mounds View shall incur no financial or other obligation for the maintenance, repair, or operation of the Sewer. Mounds View also provides no warranty that the Sewer shall be sufficient for its intended purpose, nor that the Sewer's connection to Mounds View's infrastructure shall be capable of handling any increase in flow. 6. Indemnification of City. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the parties' liability. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. la (a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, northing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 7. Removal. Mounds View shall incur no obligation to remove the Sewer. At such time as Arden Hills may remove or abandon the Sewer, it shall be solely responsible for removing same, and it shall further reimburse Mounds View for all of Mounds View's actual costs in disconnecting the Sewer from the Mounds View's infrastructure and capping such connection. 2