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3. The MUNICIPALITY, its officers, and employees, shall not be deemed to <br />assume any liability for the intentional or negligent acts of the COUNTY <br />or the COUNTY'S employees performing services pursuant to this <br />Agreement, and the COUNTY shall hold the MUNICIPALITY, its <br />officers, and employees harmless from and shall defend and indemnify the <br />MUNICIPALITY, its officers, and employees against any claim for <br />damages arising out of the COUNTY'S performance of services pursuant <br />to this Agreement. <br />4. The COUNTY, its officers, and employees shall not be deemed to assume <br />any liability for intentional or negligent acts of the MUNICIPALITY or of <br />any other officers, agent or employee thereof, and the MUNICIPALITY <br />shall hold the COUNTY and its officers and employees harmless from, <br />and shall defend and indemnify the COUNTY and its officers and <br />employees against any claim for damages arising out of the <br />MUNICIPALITY'S performance of its obligations pursuant to this <br />Agreement. <br />5. The COUNTY agrees to maintain, during the term of this Agreement, <br />automobile, general liability, workers' compensation, and professional <br />liability insurance in amounts deemed appropriate by the COUNTY. The <br />COUNTY shall name the MUNICIPALITY as an additional insured on <br />these policies except for the workers' compensation policy. The <br />MUNICIPALITY agrees to pay, as a part of the actual cost as provided in <br />Section 6 below, a pro rata share of the COUNTY'S insurance costs. <br />These costs shall include the costs for any assessments and credits for any <br />dividends by participating in any insurance pools or trusts. The COUNTY <br />may elect to self - insure all or any portion of these risks. If the COUNTY <br />cannot obtain insurance and /or elects to self- insure, the MUNICIPALITY <br />shall pay a pro rata share of the costs of self-insurance, based on each <br />MUNICIPALITY'S share of the approved annual budget. Insurance costs <br />as they relate to insurance coverage shall include premiums and <br />deductibles. Costs of self - insurance shall include reserves, claims and <br />damage payments, and administration costs required to maintain self- <br />insurance. <br />6. The MUNICIPALITY acknowledges that the COUNTY may, in an effort <br />to provide the best insurance coverage at the most economical cost, <br />become a member of the Minnesota Counties Insurance Trust or some <br />similar organization; and the MUNICIPALITY further acknowledges that <br />membership in such an organization may be for a fixed minimum term and <br />may expose the COUNTY to some type of contingent cost liability, such <br />as debts, obligations and liabilities, in the event that the COUNTY <br />withdraws its membership. The MUNICIPALITY agrees to reimburse the <br />COUNTY for the MUNICIPALITY'S pro rata share of any such <br />contingent cost liability arising during the term of this Agreement for Law <br />4 <br />