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11. The EVP system provided for in paragraph 3 hereof shall be operated, maintained, revised or removed in accordance with the following conditions and requirements: a) All modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of the respective party (Roseville or Little Canada). b) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. c) Each respective party shall maintain and requite others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. d) All maintenance of the EVP System shall be performed by the County. Roseville and Little Canada shall jointly be responsible for actual cost thereof. The County shall submit an invoice to Roseville annually, listing all labor, equipment, materials and overhead used to maintain the EVP System and Roseville' `shall invoice Little Canada for 50 percent of the cost. Labor cost and overhead and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs will be invoiced at the actual cost thereof to the County. Twenty-five percent (25%) of the material costs will be added to the invoice, to cover the County's cost for inventory management, in accordance with the policy for Traffic Control Signal Systems, County Board Resolution 8 1-1001.Roseville shall promptly pay the County the full amount due, and Little Canada shall promptly Roseville its 50 percent share of said amount due. e) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by said party of written notice thereof from the County, the EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall become the property of the County. All infrared detector heads and indicator lamps mounted external to the traffic signal cabinet will be returned to the appropriate party. The detector receiver and any other assembly located in the control signal cabinet, which if removed will not affect the traffic control signal operation, will be returned to the appropriate party. All timing of said EVP System shah be determined by the County, through its Traffic Engineer. g) Except for the negligent acts of the County, its agents and employees engaged in the maintenance work, Roseville and Little Canada shall assume all liability for, and save the County, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the continuing uses by Roseville and Little Canada, and including but not limited to the operations, use and existence of the equipment for the EVP System. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law Pw2040-02 3 of6