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<br /> - I " <br /> - <br /> - <br /> A. t) All timing of said EVP System shall be determined by the County, through its Traffic <br /> Engineer. <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 assume all liability for, and save the <br /> . County, its agents and employees, harmless from any and all claims for damages, actions or <br /> causes of action arising out of the continuing uses by Arden Hills and Shoreview, and <br /> including but not limited to the operations, use and existence of the equipment for the EVP <br /> I System. Nothing herein shall constitute a waiver by any party of any limitations of liability <br /> provided by Minnesota Statutes Chapter 466 or other applicable law <br /> . 7. All timing and related adjustments of the traffic control signals shall be determined by the <br /> County through its Traffic Engineer, and no changes shall be made to these adjustments without the <br /> approval of the County. <br /> I 8. Any and all persons engaged in the maintenance work to performed by the County shall not be <br /> I 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 part of those <br /> I employees so engaged on any of the work contemplated herein shall not be the obligation and <br /> responsibility of Arden Hills or Shoreview. <br /> .. 9. Arden Hills and Shoreview, individually, and the County agree to defend, indemnify and hold <br /> each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, <br /> costs and expenses including, but not limited to, inteTest involved therein and attorneys' fees and <br /> . costs and expenses connected therewith, arising out of or resulting from the failure of the appropriate <br /> City or the County to satisfy the provisions of this agreement or for damages caused to third parties as <br /> a result of the manner in which the appropriate City or the County perform or fail to perform duties <br /> I imposed on the respective party by the terms of this agreement. Nothing herein shall constitute a <br /> waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or <br /> other applicable law. <br /> I <br /> I <br /> I <br /> I <br /> I <br /> ~ <br /> I 97008- 3 <br /> - - -~- - <br />