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actual cost thereof to Ramsey County. New Brighton and Mounds View shall <br /> promptly pay Ramsey County the full amount due. <br /> e) All timing of said EVP System shall be determined by the County,through its Traffic <br /> Engineer. <br /> f) Except for the negligent acts of the County, its agents, and employees,New Brighton <br /> and Mounds View shall indemnify, defend, and hold the County harmless against any <br /> and all liability, losses, costs, damages, expenses, claims, or actions, including <br /> attorney's fees, which the County, its officials, agents, or employees may hereafter <br /> sustain, incur, or be required to pay,arising out of or by reason of the use or operation <br /> of the EVP. Nothing in this Agreement shall constitute a waiver by New Brighton or <br /> Mounds View or the County of any statutory or common law immunities, limits, or <br /> exceptions on liability. <br /> 10. All notices or demands given or required to be given hereunder shall be in writing and <br /> shall be sent by certified or registered mail,return receipt requested,postage prepaid, <br /> addressed to the intended recipient's address or addresses below set forth or at such other <br /> address or addresses as the intended recipient may have theretofore specified in a written <br /> notice to sender given in accordance with the requirements of this paragraph. Any such <br /> notice so given shall be deemed given on the day of deposit in the United States mail,and if <br /> sent as aforesaid shall be effective whether or not received by the addressee. <br /> For City of Mounds View: For City of New Brighton: <br /> Public Works Director Public Works Director <br /> City of Mounds View City of New Brighton <br /> 2401 Highway 10 803 Old Highway 8 <br /> Mounds View, MN 55112 New Brighton,MN 55112 <br /> For Ramsey County: <br /> Public Works Director and County Engineer <br /> Ramsey County Department of Public Works <br /> 1425 Paul Kirkwold Dr, <br /> Arden Hills,MN 55112 <br /> 11. Any and all persons engaged in the maintenance work performed by the County shall not <br /> be considered employees of New Brighton or Mounds View, and any and all claims that may <br /> arise under the Worker's Compensation Act of this State on behalf of those employees so <br /> engaged, and any and all claims made by any third party as a consequence of any negligent act or <br /> omission on the part of those employees so engaged on any of the work contemplated herein <br /> shall not be the obligation and responsibility of New Brighton or Mounds View. <br /> 12. New Brighton,Mounds View and the County shall indemnify, defend and hold each other <br /> harmless against any and all liability,losses,costs,damages,expenses,claims,or actions, <br /> PW2008-24 <br /> 3 of 7 <br />