08-11-2004 Council Agenda - Laserfiche WebLink

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6. The County shall maintain and keep in repair the traffic control signal including relamping and cleaning at its cost and expense. The City will be responsible for painting the traffic control signal at its cost and expense. 7. The County shall maintain and keep in repair the geometries on County owned roadways at its cost and expense and the City shall maintain and keep in repair the geometries on City owned roadways at its cost and expense. 8. AU timing and related adjustments of the traffic control signals shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 9. Any and all persons engaged in the maintenance work to be performed by the County shall not be considered employees of the City, and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. 10. The City and the County agree to defend, indemnify 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 the City or County to satisfy the provisions of this agreement or for damages caused to third parties as a result of the manner in which the City or the County perform or fail to perform duties imposed on the City or the County by the terms of this agreement. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law. \21PVV2003 -30 Page