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1 S. INDEMNIFICATION. Contractor agrees to defend, indemnify and hold harmless <br />City and its elected officials, officers, employees, agents, and representatives, <br />from and against any and all claims, costs, losses, expenses, demands, actions, or <br />.causes of action, including reasonable attorneys' fees and other costs and <br />expenses of litigation; which. may be assessed. against or incurred by City or <br />which City may be liable in the performance of this Agreement to the extent <br />arising from Contractor's negligent acts or:orriissions and except those which <br />arise from the negligence, willful misconduct, or other fault of City.. <br />16. NOTICES. All notices, requests,. demands and other communications hereunder <br />shall. be in writing and shall be deemed given if personally delivered or mailed, <br />certified mail, return receipt requested, or serif by overnight courier to the. <br />following addresses: <br />A, If to City, to: City of Geixi..Lake <br />4200 Otter Lake. Road <br />Gem. Lake, MN 55110 <br />(65.1) 747-2790 <br />B. If to Contractor, to: [CONTRACTOR INFORMATION] <br />Address <br />City, State, .Zip <br />Phone Number <br />17. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure <br />to the benefit of the parties; their respective successors, personal representatives. <br />and. assigns. <br />1$. DISPUTE RESOLUTION Any issue with compliance.with this agreement either <br />party shall notify the other .panty within ten days of the dispute and the parties <br />shall meet and attempt resolve the issue. <br />19. MISCELLANEOUS: <br />A. Either party to this Agreement that is a prevailing party in any litigation arising <br />hereunder the. City and Contractor shall be entitled to its reasonable attorneys' <br />fees. and ccurt.costs; including appeals, if any. <br />B. The Agreement constitutes the entire agreement and understanding of the <br />parties, and supersedes all offers, negotiations, and other agreements. There are <br />no representations or understandings of any kind. not set forth herein. Any <br />amendments to this -Agreement must be in .writing and .executed by both parties. <br />Res i dent ial. Recycli ng Service Contract <br />Page 10 :o.f I s <br />2016 Gem .Lake kecycling Contract Drag 7 14 2016 <br />