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2013_0211_packet amended
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2013_0211_packet amended
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3/13/2013 3:26:11 PM
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2/8/2013 11:57:38 AM
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fraction thereof for use of the Fire Behavior Simulator Prop. Roseville <br />shall supply their own plywood and qua lified instructors for use of the <br />Flashover prop. <br /> <br />Sessions will be determined by mutual ag reement between the pa rties and approved by <br />the Saint Paul Fire Department as to the preci se dates and times. If a training session is <br />canceled less than ten (10) days prior to th e session’s scheduled time, a cancellation fee <br />of one hundred fifty dollars ($150) will be paid to Saint Paul. <br /> <br />4. Facilities designated for Roseville use shall be the Drill Tower, the Burn <br />Simulation Building, the Haz/Mat Training Pads, the Pump Test Pits, Training <br />Props, and a Classroom. <br /> <br />5. Roseville agrees to defend, indemnify a nd hold harmless Saint Paul and the Saint <br />Paul Fire Department from any claims ma de against them resulting from the use <br />of the training facilities by Roseville as described in this agreement, except for <br />any claims resulting from negligence on the part of Saint Paul or the Saint Paul <br />Fire Department. Rosevill e will pay Saint Paul’s reasonable attorney’s fees, <br />costs, and disbursements incurred as a resu lt of any claims br ought from said use, <br />except for any claims resulting from negligen ce on the part of Saint Paul or the St. <br />Paul Fire Department. Nothing in this Ag reement shall constitute a waiver of the <br />statutory limits on liability set forth in Minnesota Statutes Chapter 466 or a <br />waiver of any available immunities or defenses. <br /> <br />6. This Agreement shall commence on February 1, 2013 and shall expire on January <br />31, 2014 (“Expiration Date”). Notwithstandi ng the foregoing, either party shall <br />have the right to cancel the Agreement before the Expiration Date by giving the <br />other party written notice of such cancellati on at least sixty (60) days prior to the <br />date of such cancellation. <br /> <br />7. Any notice to be given by either party upon the other under this Agreement shall <br />be properly given: a) if delivered personall y to the Saint Paul Fire Chief if such <br />notice is to be given to Saint Paul, or if delivered personally to the Roseville Fire <br />Chief if such notice is to be given to the Roseville, b) if mailed to th e other party <br />by United States registered or certified mail, return receipt requested, postage <br />prepaid, addressed in the manner set forth below, or c) if gi ven to a nationally, <br />recognized, reputable overnigh t courier for overnight delivery to the other party <br />addressed as follows: <br /> <br />If to Saint Paul: Saint Paul Fire Department <br /> Attn: Fire Chief Tim Butler <br /> 645 Randolph Avenue <br /> Saint Paul, MN 55102 <br /> <br /> <br />
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