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• Contract No. 5022M6 <br /> Agreement No. PW 39-10-96 <br /> VI <br /> Upon failure of the City to perform any of the work named herein under <br /> the terms of this Agreement, Hennepin County may do and perform such work or <br /> cause it to be done and performed, and may retain from any monies then due to <br /> 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 <br /> paragraph shall not be construed to relinquish any right of action which may <br /> accrue in behalf of the County as against the City for any breach of <br /> Agreement. <br /> VII <br /> The City shall not assign, subcontract, transfer, or pledge this contract <br /> and/or the services to be performed hereunder without prior approval from <br /> Hennepin County. <br /> VIII <br /> It is understood that all persons working on such highways are employees <br /> • of the City or its contractors or agents and are in no way employed by the <br /> County, provided, however, that this provision shall not apply to persons <br /> employed directly by the County, or by contractors other than the City, <br /> engaged by the County. All contracts and agreements made by the City with <br /> third parties for the performance of any work to be done under this Agreement <br /> shall be subject to the terms of this Agreement and comply with all state laws <br /> and requirements relating to contracts for the construction and maintenance of <br /> County State Aid Highways and that a clause to that effect shall be inserted <br /> in all such Agreements. <br /> The City agrees to defend, indemnify, and hold harmless the County, its <br /> elected officials, officers, agents, volunteers and employees from any <br /> liability, claims, causes of action, judgments, damages, losses, costs, or <br /> expenses, including reasonable attorney fees, resulting directly or indirectly <br /> from any act or omission of the City, its subcontractors, anyone directly or <br /> indirectly employed by them, and/or anyone for whose acts and/or omissions <br /> they may be liable for in the performance of the services required by this <br /> Agreement, and against all loss by reason of the failure of said City to <br /> perform fully, in any respect, all obligations under this Agreement. <br /> -5- �, <br />