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NSP to respond to any requests for information or other <br />relevant orders of the MPUC. <br />9. Reimbursement Procedure. When the City desires <br />reimbursement for expenses incurred pursuant to Sections 11 21 <br />41 5 or 6, it shall submit an itemized statement to NSP. If <br />the expenses satisfy the criteria stated therein, NSP shall <br />send a check to the City within 15 days after receipt of the <br />itemized statement. <br />10. Indemnity. The City shall defend, indemnify, <br />and hold NSP harmless from and against all claims, damages, <br />losses and expenses including attorney's fees and other <br />litigation expenses, arising out of the performance or the <br />failure to perform under this Agreement, or any claimed defect <br />in the supplies and materials provided. In no event shall NSP <br />be liable to the City or any of its employees in contract, <br />tort, warranty (express or implied), or otherwise, in any <br />amount in excess o $40,000.00. This section shall survive <br />the completion of, or termination of this Agreement, or any <br />breach thereof. <br />11. Term. This Agreement shall be effective for <br />one year from the date first stated above unless NSP notifies <br />the City that it elects to terminate this Agreement earlier <br />after the occurrence of any one of the following events: <br />(a) the MPUC specifically orders NSP to terminate this <br />Agreement, (b) the MPUC rejects NSP's request to recover in <br />rates any expenses incurred pursuant to this Agreement, or <br />(c) the City fails to perform any of its obligations specified <br />herein. <br />5 <br />