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PUBW2020-12R
<br />Page 3 of 5
<br />shall remove the EVP System. Upon removal of the EVP System pursuant to this paragraph, the
<br />field wiring, cabinet wiring and other components shall become the property of the County. All
<br />infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will
<br />be returned to the appropriate party. The detector receiver and any other assembly located in
<br />the control signal cabinet, which if removed will not affect the traffic control signal operation,
<br />will be returned to the appropriate party.
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<br />f) All timing of said EVP System shall be determined by the County, through its Traffic Engineer.
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<br />g) Except for the negligent acts of the County, its agents, and employees engaged in the
<br />maintenance work, Arden Hills and Shoreview shall indemnify, defend, and hold the County
<br />harmless against any and all liability, losses, costs, damages, expenses, claims, or actions,
<br />including attorney’s fees, which the County, its officials, agents, or employees may hereafter
<br />sustain, incur, or be required to pay, arising out of or by reason of the use or operation of the
<br />EVP.
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<br />10. Any and all persons engaged in the maintenance work to be performed by the County shall not be
<br />considered employees of Arden Hills or Shoreview, and any and all claims that may arise under the
<br />Worker’s Compensation Act of this State on behalf of those employees so engaged, and any and all
<br />claims made by any third party as a consequence of any negligent act or omission on the party of
<br />those employees so engaged on any of the work contemplated herein shall not be the obligation
<br />and responsibility of Arden Hills or Shoreview.
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<br />11. Arden Hills, Shoreview and the County shall indemnify, defend and hold each other harmless
<br />against any and all liability, losses, costs, damages, expenses, claims, or actions, including
<br />attorney’s 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 the
<br />indemnifying party, its officials, agents or employees, in the execution, performance, or failure to
<br />adequately perform the indemnifying party’s obligation pursuant to this Agreement. Nothing in
<br />this Agreement shall constitute a waiver by Arden Hills, Shoreview or the County of any statutory
<br />or common law immunities, limits, or exceptions on liability.
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<br />12. NOTICES
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<br />All notices or demands given or required to be given hereunder shall be in writing and shall be sent
<br />by certified or registered mail, return receipt requested, postage prepaid, addressed to the
<br />intended recipient’s address or addresses below set forth or at such other address or addresses as
<br />the intended recipient may have theretofore specified in a written notice to send given in
<br />accordance with the requirements of this paragraph. Any such notice so given shall be deemed
<br />given on the day of deposit in the United States mail, and if sent as aforesaid shall be effective
<br />whether or not received by the addressee.
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