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15. Quantity distributions identified above are shown in the Statement of Estimated Quantities in the plans. Estimated costs are identified in the Engineers Estimate. Actual costs shall be based on the contractor's unit prices and the quantities constructed. 16. All liquidated damages assessed the contractor in connection with the work performed on the project shall result in a credit shared by the City and the County in the same proportion as their respective total share of construction costs to the total construction cost without deduction liquidated damages. 17. The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned properiy. 18. The County shall, when a construction contract is proposed to be awarded, prepare a revised estimate and cost participation breakdown based on construction contract unit prices and submit a copy to the City. Upon concurrence to award a construction contract, the City agrees to advance to the Treasurer of Ramsey County an amount equal to the City total construction cost share. 19. Upon substantial completion of the work, the County shall prepare a revised estimate of cost participation breakdown based upon the contract unit prices and the actual units of work estimated to have been performed and submit a copy to the City. The construction engineering costs to be paid the County by the City shall be based on this estimated final construction cost. The County sha11 add to the City's estimated final construction costs the construction engineering costs, make necessary adjustments for liquidated damages, if any, and deduct City funds previously advanced for the project by the City. The City agrees to pay to the County any amounts due. in the event the calculations show that the City has advanced funds in greater amount than is due the County, the County shall refund the amount to the City without interest. 20. The City and County agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including but not limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith, arising out of or resulting from the failure of either pariy to satisfy the provisions of this Agreement or for damages caused to fourth parties as a result of the manner in which the City or the County perform or fail to perform duties imposed on each pariy by the terms of this Agreement. Nothing herein sha11 constitute a waiver by either pariy of the limits or liability provided by Minnesota Statutes, Chapter 466 or other applicable law. 2 1. This Agreement sha11 remain in full force and effect until terminated by mutual agreement of the City and the County. 22. Preliminary plans reviewed at the City public hearing and final plans and specifications are hereby in all things approved. 99024-4