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Page 4 <br />5. PAYMENT <br />5.1 Annual Fee <br />The Applicant shall pay within thirty (30) days of execution of <br />this contract the sum of 13 1,110.00 which shall be paid <br />irrespective of whether during the contract period the services of <br />the City are required. <br />5.2 Hourly Rates <br />In addition, the Applicant shall pay a per -hour charge of $350.00 <br />for contracted equipment and personnel as listed in Section 3.3 <br />(Equipment), any additional equipment and personnel needed shall <br />be charged at the per hour rate of 13350.00 per unit. All equipment <br />and personnel requested by Applicant for assistance shall be <br />measured from the time of leaving the fire station until the time <br />of return to the fire station. <br />6. LIABILITY <br />6.1 Release of Claims <br />Applicant releases the City, its officers, agents and employees <br />from all claims for damage or loss resulting from the failure to <br />furnish or delay in furnishing personnel or equipment or from <br />failure to prevent, control, or extinguish any fire, chemical <br />release, or conflagration including any of claims arising from the <br />inability of the City to contain or secure the Hazardous Materials, <br />whether resulting from the negligence of the City, its officers, <br />agents or employees or otherwise. <br />6.2 Indemnification <br />a) Applicant shall indemnify, hold harmless and defend the City, <br />its officers and employees against any and all liability, <br />loss, costs, damages, expenses, claims or actions, including <br />attorneys fees which the City, its officers or employees may <br />hereafter sustain, incur or be required to pay, arising out <br />of or by reason of any act or omission of City. its agents, <br />servants or employees, in the execution. performance, or <br />failure to adequately perform City's obligations pursuant to <br />this Contract. This pledge of indemnification does not <br />include workers compensation claims for City personnel, <br />b) As consideration for indemnification the City grants to the <br />Applicant and or Municipality complete control over the <br />defense or handling of any claims or litigation. The City <br />will cooperate with and facilitate the request of the <br />Applicant's or Municipalities attorneys regarding any claims <br />which may arise directly or indirectly from a response to a <br />Hazardous Materials Incident pursuant to this contract. <br />Page 8 <br />c'd 3ald d0 ld3Q -lntid 1S 12:80 06, 2.2 EGA <br />