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CCP 05-10-1999
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CCP 05-10-1999
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5/8/2007 1:15:08 PM
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<br />'. <br /> <br />< <br /> <br />e <br /> <br />6, In the event that the signal system is removed for any reason from the aforementioned <br />intersection, the physical equipment shall become the property of the County, excluding County <br />furnished materials, subject to a prorated credit to the City based on a ten (10) year life expectancy. <br />Such credit to be made on the basis of the County's policy for Traffic Signal Systems, County Board <br />Resolution 81-1001, which represents two thirds (66,67) percent of the total cost to construct the <br />traffic signal, In the event that the County elects to return such equipment to the City within said ten <br />(10) year period, the equipment shall become the property of the City and no credit to be made to <br />either party, Any equipment or materials furnished to the project by the County shall be excluded <br />from this prorated credit and returned to its owner. <br /> <br />7, Participation of the parties hereto shall not be considered as fulfilling any requirements in <br />future construction, upgrading and revisions of any type to the traffic signal at this location. Future <br />work will be in accordance with the policy for Traffic Control Signal Systems or subsequent <br />revisions thereto, County Board Resolution 81-1001. <br /> <br />8. Any and all persons engaged in the maintenance work to performed by the County shall <br />not be considered employees of the City, and any and all claims that may arise under the Worker's _ <br />Compensation Act of this State on behalf of those employees so engaged, and any and all claims _ <br />made by any third party as a consequence of any negligent act or omission on the part of those <br />employees so engaged on any of the work contemplated herein shall not be the obligation and <br />responsibility of the City, <br /> <br />9, The City and the County agree to indemnifY each other and hold each other harmless <br />from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses <br />including, but not limited to, interest involved therein and attorneys' fees and costs and expenses <br />connected therewith, arising out of or resulting from the failure of the City or County to satisfY the <br />provisions of this agreement or for damages caused to third parties as a result of the manner in which <br />the appropriate City or the County perform or fail to perform duties imposed on the City or the <br />County by the terms of this agreement. Nothing herein shall constitute a waiver by any party of any <br />limitations ofliability provided by Minnesota Statutes Chapter 466 or other applicable law. <br /> <br />e <br /> <br />99002 - 2 <br />
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