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FINAL <br />7/14/2017 <br />2.7 Monitoring Equipment. The MWMO may, at its own cost, install and maintain <br />monitoring equipment in the Facility as it deems necessary. Such equipment shall not interfere <br />with the functionality of the Facility. The MWMO will inform the City of any monitoring <br />equipment installed at the Facility prior to installation. The MWMO agrees to present any <br />proposed changes to the City at least 603,0 days prior to initiating any such work. Any <br />monitoring equipment installed by the MWMO shall remain the property of the MWMO and the <br />MWMO shall maintain and control any such equipment. <br />2.8 Insurance. The City, as owner of the Facility, shall be responsible for insuring <br />the Facility. The MWMO shall be responsible for insuring it monitoring equipment and any <br />equipment associated with the Secondary Treatment Components. <br />3. Dispute Resolution <br />In the event a dispute arises between the parties with regard to rights and responsibilities <br />under this Agreement, the parties agree to first attempt to resolve the dispute among themselves <br />through discussions between their respective supervisory staff persons. If the dispute cannot be <br />resolved in this manner, the parties may agree to submit to mediation to seek resolution. <br />4. Termination <br />The Agreement shall terminate upon the mutual written agreement of the parties or upon <br />the final decommissioning of the Facility. Facility decommissioning shall be done to the <br />satisfaction of the requirements established by the parties. <br />5. Amendments <br />No modification of this Agreement shall be effective unless it is reduced to writing and <br />signed by all of the parties hereto. <br />6. Notice <br />Notices to the parties to this Agreement shall be given by hand delivery or first class mail <br />addressed to the MWMO Administrator and the City Manager for the City, or such other persons <br />as the party may designate in writing. <br />Liability <br />Each party is responsible for its own acts and the results thereof to the extent authorized <br />by law and a party is not responsible for the acts or omissions of the other party or the results <br />thereof. Notwithstanding this provision, to the fullest extent permitted by law, the City will <br />defend, hold harmless, and indemnify the MWMO, its officials, employees, and agents from and <br />against all claims, damages, losses, and expenses, including but not limited to attorney fees, <br />arising out of or resulting from City's failure to maintain the Facility in accordance with the <br />O &M Plan as required by this Agreement. The MWMO and the City's liability shall be <br />