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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, Roseville, Maplewood and Little Canada shall assume all liability for, and <br />save the County, its agents and employees, harmless from any and all claims for damages, <br />actions or causes of action arising out of the continuing uses by the Cities, and including but <br />not limited to the operations, use and existence of the equipment for the EVP System. <br />Nothing herein shall constitute a waiver by any party of any limitations of liability provided <br />by Minnesota 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 or Little Canada, and any and all claims that <br />may arise under the Worker's Compensation Act of this State on behalf of those employees so <br />engaged, and any and all claims made by any third party as a consequence of any negligent act or <br />omission on the part of those employees so engaged on any of the work contemplated herein shall not <br />be the obligation and responsibilityof Roseville or Maplewood or Little Canada. <br />11. Roseville, Maplewood and Little Canada, individually, and the County agree to defend, <br />indemnify and hold each other harmless from any and all claims, causes of action, lawsuits, <br />judgments, charges, demands, costs and expenses including, but not limited to, interest involved <br />therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting <br />from the failure of the appropriate City or County to satisfy the provisions of this agreement or for <br />damages caused to third parties as a result of the manner in which the Cities or the County perform or <br />fail to perform duties imposed on the Cities or the County by the terms of this agreement. Nothing <br />herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota <br />Statutes Chapter 466 or other applicable law. <br />A�?F}'`'��3-� Page 3 <br />�f 5 <br />
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