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• the Consultant such as survey control, digital mapping, legal services far eminent <br />domain processes, bid advertisements, printing, or other information/products that will <br />facilitate completion of design, property acquisition, and contract bidding services for the <br />Project. <br />6. The County shalt invoice the City periodically for design services provided <br />by the Consultant and also services provided or purchased by the County for the <br />Project. Consultant fees shat( be paid by the City in a total amount not to exceed <br />$1,1.58,375.00, as described in Section 1. Fees for in-house County services and <br />related direct costs shall not exceed $150,000.00, as described in Section 1. <br />7. The City steal! make payments to Ramsey County within 35 days of receipt <br />of invoice from the County in accordance with Minnesota Statute. <br />8. City and the County agree to indemnify each other and hold each other <br />harmless from any and all claims, causes of action, lawsuits, judgments, charges, <br />demands, costs and expenses including, but not limited to, interest accrued thereon and <br />attorneys' fees and costs and expenses connected therewith, arising out of or resulting <br />from the failure of either party to satisfy the provisions of this agreement or for damages <br />caused to third parties as a result of the manner in which the Gity or the County perform <br />or fail to perform duties imposed on each party by the terms of this Agreement. Nothing <br />herein shall be deemed a waiver of the statutory limits of liability of either party. <br />9. It is understood and agreed by the parties hereto that this Agreement shall <br />not be modified or amended except in writing duly signed by each of the parties. <br />10. This Agreement shall remain in full force until December 31, 2007, unless <br />terminated at an earlier date by written agreement of the City and the County. <br />11. All notices, demands or other communications under this Agreement shall <br />be effective only if made in writing and steal! be sufficiently given and deemed given <br />when delivered personally, transmitted by facsimile, or mailed by certified mail, return <br />receipt requested, postage prepaid, properly addressed as follows: <br />If to County: County of Ramsey <br />Public Works Department <br />Attn: Daniel G. Schnacht, P.E. <br />Acting Director <br />1425 Paul Kirkwoid Drive <br />Arden Hills, MN 55112 <br />Facsimile: 651-266-7110 <br />R3L-264389v3 3 <br />M U245-30 <br />