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61 <br />certification of completion and review of such Project documentation as it may require, the <br />District will disburse the remaining RCWD Board approved funds. <br />C. Contingencies. The District's obligation to provide cost -share funds is contingent on the <br />City's compliance with the terms of this agreement, including but not limited to Project <br />completion in accordance with the District -approved plans and specifications within 24 months. <br />The City will return to the District any cost -share funds already received if this condition is not <br />satisfied. <br />III. MISCELLANEOUS. <br />A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, <br />joint venture or agency relationship between the parties. District review or approval of design <br />plans and specifications, a maintenance plan and any other Project -related documents is solely <br />for the District's own accounting for funds expended. As between the parties, the City is solely <br />responsible for selection of the Project design and the means, method and manner of <br />construction. Nothing in this agreement creates any right in any third party or affects any <br />immunity, defense or liability limitation enjoyed by either party. <br />B. Employees. The City represents that it has or will secure, at its own expense, all <br />personnel and/or contractors required for the performance of this agreement. No City <br />personnel or contractor will be considered an agent, representative or employee of the District. <br />C. Liability. The City agrees to hold harmless and indemnify the District, and its managers, <br />staff and representatives, against any claim, expense or damage, including attorney fees, arising <br />from the performance of this agreement. <br />D. Assignment or Modification. This agreement binds and inures to the benefit of the City <br />and the District, and their respective successors and assigns. Neither party may assign this <br />agreement without the prior written consent of the other. Any modification of the agreement <br />must be in writing and signed by both parties. <br />E. This agreement is effective as of the date all of the signatures below have been provided <br />Dated: 2011 City of Saint Anthony <br />am <br />Its: <br />Dated: d, � 2011 Rice Creek Watershed District <br />By. <br />Pa ricia Preiner, President <br />Board of Managers <br />