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but depending on final indirect costs the City shall have the authority to utilize <br />an allowance of up to a maximum of 26.5% for engineering and administrative <br />costs. SBM shall pay the City within 30 days of receipt of the invoice. <br />5. The City and SBM hereby 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 involved <br />therein and attorneys' fees and costs and expe� connected therewith, arising <br />out of or resulting from the failure of either to satisfy the provisions of this <br />Agreement or for damages caused to coof-pait .__as a result of the manner in <br />which the City or SBM perform orld o perform dues imposed on each party <br />by the terms of this Agreement Winder no circumstaric lowever, shall either <br />party be required to pay on behalf itself and Ahe other p� any amounts in <br />excess of the limits onr ability estabt1A-ed m Minnesota Statute hapter 466. <br />The limits of liability f ies may n e added together to determine the <br />maximum amount of liabitTiy fo,party <br />6. This <br />agreei of the =W <br />expiration ny <br />it fg'N-V�gwd thatef <br />executionis A <br />an d neither p is re <br />6V—bv law or r lati <br />Zain o full ffi-f6ct ritil terminated by mutual <br />and SBN sir upon completion of the Project and <br />ble warraperiods, whichever occurs first. <br />as salprovided herein, neither party, by the <br />lent, relinquishes any rights or powers possessed by it <br />of any responsibility, duty or obligation imposed <br />8. SBM Nibby ack wledges that the City is a governmental entity and as <br />such is subt to the provisions of the Minnesota Government Data <br />Practices Act, Minnesota Statutes, chapter 13. SBM hereby agrees to assist <br />the City, in all manners as may be required by the City, in responding to any <br />data requests made under such laws. <br />9. It is understood and agreed that the entire agreement of the parties is contained <br />herein and that this Agreement supersedes all oral agreements and all negotiations <br />between the parties relating to the subject matter thereof, as well as any previous <br />543669v1 AMB MU210-179 3 <br />