|
e) In the event said EVP System or components are, in the opinion of Ramsey County,
<br />being misused or the conditions set forth in Paragraph b above are violated, and such
<br />misuse or violation continues after receipt by said party of written notice thereof from
<br />Ramsey County, the EVP System pursuant to this paragraph, the field wiring, cabinet
<br />wiring and other components shall become the property of Ramsey County. All
<br />infrared detector heads and indicator lamps mounted extemal to the traffic signal
<br />cabinet will be returned to the appropriate party. The detector receiver and any other
<br />assembly located in the control signal cabinet, which if removed will not affect the
<br />traffic control signal operation, will be returned to Little Canada and Shoreview.
<br />f) All timing of said EVP System shall be determned by Ramsey County, through its
<br />Traffic Engineer.
<br />9)
<br />Except for the negilgent acts of the County, its agents, and employees, the cities of
<br />Little Canada and Shoreview shall indemnify, defend, and hold the County harmless
<br />against any and all liability, losses, costs, damages, expenses, claims, or actions,
<br />including attorney's fees, which the County, its officials, agents, or employees may
<br />hereafter sustain, incur, or be required to pay, arising out of or by reason of the use or
<br />operation of the EVP System by of Little Canada or Shoreview, its (their) officials,
<br />agents, or employees. Nothing in this Agreement shall constitute a waiver by Little
<br />Canada or Shoreview or the County of any statutory or common law immunities,
<br />limits, or exceptions on liability.
<br />11. All timing and related adjustments of the traffic control signals shall be determined by
<br />Ramsey County through its Traffic Engineer, and no changes shall be made to these adjustments
<br />without the approval of Ramsey County.
<br />12. Any and all persons engaged in the maintenance work to be performed by the County shall not
<br />be considered employees of Little Canada or Shoreview, and any and all claims that may arise under
<br />the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and
<br />all claims made by any third party as a consequence of any negligent act or omission on the part of
<br />those employees so engaged on any of the work contemplated herein shall not be the obligation and
<br />responsibility of the Little Canada or Shoreview.
<br />13. Little Canada, Shoreview and County shall indemnify, defend and hold each other harmless
<br />against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's
<br />fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or
<br />be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its
<br />officials, agents or employees, in the execution, performance, or failure to adequately perform the
<br />indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall
<br />constitute a waiver by the County or the City of any statutory or common law immunities, limits, or
<br />exceptions on liability.
<br />AgrPW2006- 06.doc
<br />-1f -e3
<br />of 4
<br />
|