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3 <br /> <br />G. Before this Agreement shall become binding and effective it shall be approved by <br />appropriate resolutions of the City Councils of Hugo and Lino Lakes, which <br />resolutions shall be attached hereto as Exhibits C and D, respectively. <br /> <br />SECTION 3. STREET MAINTENANCE <br /> <br />A. Lino Lakes will continue to perform snow removal, street sweeping and <br />maintenance of Cedar Street East. Hugo will continue to perform snow removal, <br />street sweeping and maintenance of 24th Avenue/Elmcrest Avenue North. 24th <br />Avenue/Elmcrest Avenue North is a shared roadway for a portion of the Project <br />future roadway repair such as crack filling, seal coat and overlays will be <br />determined as a separate maintenance agreement between Lino Lakes and Hugo. <br /> <br />SECTION 4. LIABILITIES <br /> <br />A. Each party retains the financial responsibility for damage to or loss of its own <br />equipment that may occur in performing its duties under this Agreement. <br /> <br />B. Each party retains the financial responsibility for workers’ compensation benefits <br />for its own employees and for any injuries that occur to its employees in <br />performing its duties under this Agreement. <br /> <br />C. Each party shall be liable for its own acts and omissions, including the acts and <br />omissions of its officers, employees or agents and the results thereof to the extent <br />authorized by law and shall not be responsible for the acts and omissions of the <br />other party, its officers, employees or agents. Each party agrees to indemnify, <br />defend, and hold harmless the other party, its officers and employees against any <br />and all liability, loss, costs, damages, expenses, claims or actions, including <br />attorneys’ fees that the other party may hereafter sustain, incur or be required to <br />pay, arising out of any act or omission of the party, its officers, agents or <br />employees, in the execution, performance, or failure to perform its obligations of <br />this Agreement. Nothing herein, however, shall be deemed a waiver of the <br />limitations on liability set forth in Minnesota statutes, Chapter 466. <br /> <br />SECTION 5. MISCELLANEOUS PROVISIONS <br /> <br />A. This Agreement may be amended or any of its terms modified only by a written <br />document duly authorized, executed and delivered by the parties. <br /> <br />B. This Agreement may be executed in counterparts, each of which shall constitute <br />one and the same instrument. <br /> <br />C. Severability. The invalidity or unenforceability of any provision of this <br />Agreement, in no way, affect the validity or enforceability of any other provisions <br />of this Agreement, all of which shall remain in full force and effect. <br />