08-11-2004 Council Agenda - Laserfiche WebLink

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g) Except for the negligent acts of the County, its agents and employees engaged in the maintenance work. Little Canada and Roseville shall assume all liability for, and save the County, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the continuing uses by the Cities, and including but not limited to the operations, use and existence of the equipment for the EVP System. Nothing herein shall constitute a waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or other applicable law. 9. All 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. 10. Any and all persons engaged in the maintenance work to be performed by the County shall not be considered employees of Little Canada or Roseville, 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 Little Canada or Roseville. 11. Little Canada and Roseville, individually, 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 Cities 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 Cities or the County perform or fail to perform duties imposed on the Cities 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. .1grPW2003 -22 Pose ,r-4