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III <br /> The County will pay the City for maintenance operations as specified herein for <br /> Calendar Year 1982, the amounts set forth in the fee schedule attached hereto, marked <br /> Exhibit "A", and by this reference made a part hereof. <br /> Payments under this agreement shall be made on a semi-annual basis, and as soon <br /> after the respective dates of April 30 and December 31 of each year as may be possible, <br /> upon submission by the City to the County of a certificate approved bythe County <br /> Department of Transportation certifying' that all work has been done during the period <br /> of which payment is to be made, in full accordance with this agreement. <br /> This agreement shall be in full force and effect for the Calendar Year 1982. <br /> IV <br /> It is further understood that any and all employees of the City and all other <br /> persons engaged by the City in the performance of any work or services required or <br /> provided for herein to be performed by the City are in no way employed by the County. <br /> V <br /> Upon failure of the City to perform any of the work named herein under the <br /> terms of this agreement, then the Board of County Commissioners may do and perform <br /> such work or cause it to be done and performed, and may retain from any monies then <br /> due to the City under this agreement, or thereafter becoming due, any such amount as <br /> is required for the completion of such work, provided however, that this paragraph <br /> shall not be construed to relinquish any right of action which may accrue in behalf <br /> of the County as against the City for any breach of agreement. <br /> VI <br /> The parties agree that with the exception of the payments due and payable or <br /> to become due and payable as herein provided, neither the County, its officers, <br /> agents or employees either in their individual or official capacity shall be <br /> responsible or liable in any manner to the City or to any other person or persons <br /> whatsoever for any claim, demand, action or causes of action of any kind or <br /> character arising out of or by reason of the .negligent performance and completion of <br /> the work provided herein or arising out of any contract let by the City for the <br /> performance of any of the work provided for herein and the City agrees to defend, <br /> save and keep said County, its officers, agents and employees harmless from all such <br /> claims, demands, actions or causes of action arising out of the negligence of the <br /> City, its officers, agents or employees. <br /> - 2 - <br />