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13. Quantity distributions are identified as shown in Exhibit A. Actual Cost shall be based on the <br />contractor's unit prices and the quantities constructed. <br />14. All liquidated damages assessed to the contractor in connection with the work performed on the <br />project shall result in a credit shared by the City and County in the same proportion as their <br />responsibility for the cost of the element of the project for with the liquidated damages were <br />assessed. <br />15. The City shall not specially assess or otherwise recover any portion of its cost for this project <br />through levy or special assessments on County owned property. <br />16. Throughout project design and construction, the City shall prepare partial cost and payment <br />estimates for preliminary engineering fees, construction costs, and construction engineering <br />fees and, at appropriate intervals, notify the County of its share of the costs for the County's <br />items of work. The County shall pay its share of engineering fees and construction costs within <br />twenty -one calendar days of receipt of the City invoice. <br />17. The County shall pay to the City all additional remaining costs for its share of the work upon <br />notification by the City of the final amounts due to the contractor. <br />18. All payments by the County shall be to the Finance Director of the City of Little Canada, <br />Minnesota. <br />19. The City of Little Canada and Ramsey County shall indemnify, defend and hold each other <br />harmless against any and all liability, tosses, costs, damages, expenses, claims, or actions, <br />including attorney's fees, which the indemnified party, its officials, agents, or employees may <br />hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission <br />of the indemnifying party, its officials, agents or employees, in the execution, performance, or <br />failure to adequately perform the indemnifying party's obligation pursuant to this Agreement. <br />Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory <br />or common law immunities, limits, or exceptions on liability. <br />20. This Agreement shall remain in full force and effect until terminated by mutual agreement of <br />the City and County. <br />PW 2013 -52 <br />4 <br />3 of 3 <br />