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and Ramsey County as may be required by law affecting development and the issuance of any permit within its borders. 3.4 St. Anthony, its officers, agents, and employees shall cooperate with and assist New Brighton in the orderly performance of services to be provided for herein. 3.5 All applications for permits and inspections shall be made on forms utilized and maintained at St. Anthony city offices. 3.6 The books, records, documents, and accounting procedures of New Brighton relevant to this Agreement, are subject to examination St. Anthony and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes. 3.7 This Agreement represents the entire Agreement between New Brighton and St. Anthony and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 3.8 Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 3.9 This agreement shall terminate as follows: a. Upon the expiration of 60 days after service of written notice by New Brighton upon St. Anthony or upon the expiration of 10 days after service of written notice by St. Anthony upon New Brighton, with or without cause; or b. At any time, upon agreement of the parties; or c. By either party on the termination of employment of either of the persons employed as building official or building inspector by New Brighton. The parties acknowledge that it may be impractical for New Brighton to furnish services at the level described in paragraph I in the event of such termination of employment; however, the parties will discuss in good faith the feasibility of providing a mutually acceptable level of service before terminating the agreement pursuant to this paragraph 3.9.c.; or d. By either party on 20 days written notice for material breach that is not cured within such 20 day period. 3.10 New Brighton agrees to defend, indemnify and hold harmless St. Anthony, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from New Brighton's performance of the duties required under this Agreement, to the extent caused by any negligent act or omission or willful misconduct of New Brighton. St. Anthony will reimburse New Brighton for any payments made by New Brighton under the deductible provision of its liability insurance policy for claims indemnified or defended by New Brighton under this paragraph. 4 454701v4 CLL NE136 -8