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CC PACKET 12131994
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CC PACKET 12131994
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12/30/2015 6:23:08 PM
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12/30/2015 6:22:53 PM
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SP Box #
22
SP Folder Name
CC PACKETS 1994-1998
SP Name
CC PACKET 12131994
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30 . Upon substantial completion of the work , the County shall <br /> prepare a revised estimate of cost participation breakdown based upon <br /> the contract unit prices and the actual units of work estimated to have <br /> been performed and submit a copy to the City. The construction <br /> engineering costs to be paid the County by the City shall be based on <br /> this estimated final construction cost. The County shall add to the <br /> City' s estimated final construction costs the Preliminary Engineering <br /> costs and the construction engineering costs , make necessary <br /> adjustments for liquidated damages , if any, and deduct City funds <br /> previously advanced for the project by the City. The City agrees to <br /> pay to the County any amounts due . In the event the calculations show <br /> that the City has advanced funds in greater amount than is due the <br /> County, the County shall refund the amount to the City without <br /> interest . <br /> 31 . The City and County agree to indemnify each other and hold <br /> each other harmless from any and all claims , causes of action, <br /> lawsuits., judgments , charges , demands, costs , and expenses , including, <br /> but not limited to, interest involved therein and attorneys' fees and <br /> costs and expenses connected therewith, arising out of or resulting <br /> from the failure of either party to satisfy the provisions of this <br /> agreement or for damages caused to fourth parties as a result of the <br /> manner in which the City or the County perform or fail to perform <br /> duties imposed on each party by the terms of this agreement. Nothing <br /> herein shall constitute a waiver by either party of the limits or <br /> liability provided by Minnesota Statutes , Chapter 466 or other <br /> applicable law. .- <br /> 32 , This agreement shall remain in full force and effect until <br /> terminated by mutual agreement of the City and the County. <br /> 33 . Preliminary plans reviewed at the City public hearing and <br /> final plans and specifications are hereby in all things approved. <br /> 94015-6 <br />
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