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2004_1108_Packet
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2004_1108_Packet
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g) Except for the negligent acts of the County, its agents and employees engaged in the <br />maintenance work, the Roseville and Maplewood shall assume all liability for, and save the <br />County, its agents and employees, harmless from any and all claims for damages, actions or <br />causes of action arising out of the continuing uses by the Cities, and including but not limited <br />to the operations, use and existence of the equipment for the EVP System. Nothing herein <br />shall constitute a waiver by any party of any limitations of liability provided by Minnesota <br />Statutes Chapter 466 or other applicable law. <br />9, 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 of the County. <br />10. Any and all persons engaged in the maintenance work to be performed by the County shall not <br />be considered employees of Roseville or Maplewood, and any and all claims that may arise under the <br />Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all <br />claims 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 Roseville or Maplewood. <br />11. Roseville and Maplewood, individually, and the County agree to defend, indemnify and hold <br />each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, <br />costs and expenses including, but not limited to, interest involved therein and attorneys' fees and <br />costs and expenses connected therewith, arising out of or resulting from the failure of the appropriate <br />City or County to satisfy the provisions of this agreement or for damages caused to third parties as a <br />result of the manner in which the Cities or the County perform or fail to perform duties imposed on <br />the Cities or the County by the terms of this agreement. 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 />��`�'����� ��' Page 3 <br />of 4 <br />
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