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<br /> the relevant Request for Payment pursuant to the City's normal payment processing procedures. The <br /> City approves payments on the 2"`~ & 4°i Wednesday's of each month, subject to modification ofthe <br /> meeting date by the City Council. <br /> 7. Books and Records. City will keep and maintain, at all times, full, true and accurate <br /> books and records, insufficient detail to reflect the disbursements made by it hereunder. The CSCA <br /> Board of Directors may, during normal business hours, examine all books and records of City <br /> pertaining to the disbursements made by it hereunder and make extracts therefrom and copies <br /> thereof. <br /> 8. Disbursements to Subcontractors. /111 disbursements for construction items maybe <br /> made to the Association's Contractor (who it is expected will thereafter promptly pay subcontractors <br /> for the work or amounts listed in the draw request) or may be made directly to the Subcontractors, in <br /> the discretion of City. <br /> 9. Liability of City. The functions and duties assumed by City include only those <br /> described in the Agreement, and City is not obligated to act except in accordance with the terms and <br /> conditions of this Agreement. City does not insure that the Improvements will be completed, nor <br /> does it insw•e that the Improvements when completed will be in accordance with the Plans and <br /> Specifications, nor that sufficient funds will be available for the completion, nor does it assume any <br /> liability for same other than procurement as one of the conditions precedent to each disbursement. <br /> City has no liability for loss caused by an error in the certification furnished it hereunder as to work <br /> in place. City shall not be responsible for any loss of documents or funds while such documents or <br /> funds are not in its custody. Documents or funds which are deposited in the United States mail shall <br /> not be construed as being in the custody of City. <br /> 10. Indemnification of City. The Association agrees to indemnify City against all <br /> losses, claims, damages, liability and expenses, including without limitation costs and investigation <br /> and legal counsel fees which may be incurred or imposed upon City in connection with City's <br /> performance of its duties under this Agreement, including without limitation any litigation or other <br /> non-judicial proceedings arising from this Agreement or the subject matter thereof. <br /> 1 l . IRS-1099 Reporting. The City shall not be responsible for creating, furnishing or <br /> reporting any IRS 1099 notices for any payments it disburses under this Agreement. Any such <br /> responsibility shall accrue to CSCA. <br /> l2. Miscellaneous. "Phis Agreement shall be binding upon the parties hereto and their <br /> respective successors and assigns. This Agreement can be amended or modified only by a writing <br /> signed by the parties hereto. This agreement shall be governed by the laws ofthe State of Miimesota. <br /> 13. Waiver. "the City may, iu its sole discretion, without notice to or consent from any <br /> other party, waive any or all conditions for disbursement set forth in this Agreement. However, the <br /> making of any disbursement prior to fulfillment of any condition therefor shall not be construed as a <br /> 4 <br /> <br />