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<br />. <br /> <br />. <br /> <br />. <br /> <br />g) Except for the negligent acts of the County, its agents and employees engaged in the <br />maintenance work, The City shall assume all liability for, and save the County, its agents and <br />employees, harmless from any and all claims for damages, actions or causes of action arising <br />out of the continuing uses by the City, and including but not limited to the operations, use and <br />existence of the equipment for the EVP System. Nothing herein shall constitute a waiver by <br />any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other <br />applicable law <br /> <br />6. 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 ofthe County. <br /> <br />7. Any and all persons engaged in the maintenance work to performed by the County shall not be <br />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 />8. The City and the County agree to defend, indemnify and hold each other harmless from any <br />and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, <br />but not limited to, interest involved therein and attorneys' fees and costs and expenses connected <br />therewith, arising out of or resulting from the failure of the City or the 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 City or the County perform or fail to perform duties imposed on the respective party by the terms <br />of this agreement. 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 /> <br />PW 2003-03 <br /> <br />3of4 <br />