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03-26-08 Council Agenda
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03-26-08 Council Agenda
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3) Maplewood agrees to reimburse Little Canada in accordance with the prior <br />memorandum of understanding summarizing the billing and <br />reimbursement arrangements for all Inter - Community utility services <br />currently followed. If Maplewood chooses to install an accurately reading <br />flow meter as described in Section 1.2, the charge calculation will be as <br />described in Section I.2 and will replace current billing arrangements. <br />4) Maplewood and Little Canada shall each be responsible for the <br />maintenance and repair of their respective sanitary sewer systems. <br />Maplewood agrees to hold harmless, indemnify, and defend Little Canada <br />from any and all claims for damages to persons or property arising from <br />intentional misuse or negligent use, operation, or maintenance of the <br />sewers that are owned and maintained by Maplewood and authorized as <br />connected to the Little Canada sanitary sewer system pursuant to this <br />agreement. Little Canada agrees to hold harmless, indemnify, and defend <br />Maplewood from any and all claims for damages to persons or property <br />arising from intentional misuse or negligent use, operation or maintenance <br />of the sewers that are owned and maintained by Little Canada. Under no <br />circumstances, however, shall a party be required to pay on behalf of itself <br />and other parties, any amounts in excess of the limits on liability <br />established in Minnesota Statutes Chapter 466 applicable to any one party. <br />The limits of liability for some or all of the parties may not be added <br />together to determine the maximum amount of liability for any party. <br />SECTION 2 <br />DURATION <br />Upon mutual consent of Maplewood and Little Canada, this Agreement may be <br />amended and /or terminated at any time. After such termination, the parties shall <br />have no further obligation or responsibility under this Agreement. <br />Upon 60 day written notice Maplewood may unilaterally terminate this <br />Agreement if Maplewood has completely disconnected from the Little Canada <br />sanitary sewer line and provides proof of the disconnection to Little Canada. <br />SECTION 3 <br />MEETINGS <br />Maplewood, through its Public Works Department or designee, agrees to meet at <br />the request of Little Canada should any issues arise under this Agreement. The <br />purpose of said meetings shall be to discuss issues which affect the substantive <br />rights of the parties under this Agreement. The time and place of any such <br />meeting, hereunder, shall be determined by the parties with reasonable notice to <br />4 <br />
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