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57 2. Compensation and Terms of Payment: 2.1 If no electronic history files are available, then the one-time fee for St. Anthony Village to set-up the Birchwood billing information is $3,750.00. If electronic history files are available, then the one-time set up fee is $2,250.00. St. Anthony Village will charge $4.45 per account per billing cycle to process the billing, create the bills, deliver the bills to Birchwood for distribution, process the resident payments, and provide the accounting reports to record the utility billing transactions into the Birchwood general ledger. 2.2 St. Anthony Village shall invoice Birchwood for its services upon completion of its work, on at least a quarterly basis. Birchwood shall approve payment to St. Anthony Village at its next regularly scheduled meeting of the City Council, provided that St. Anthony Village submits its invoice at least one (1) week in advance of such meeting. 2.3 Each year on the anniversary date of this Agreement St. Anthony Village retains the authority to increase the per account charge by the same percentage if the Consumer Price Index has increased, but in any event, St. Anthony Village may increase the per account charge by two percent (2%) annually. St. Anthony Village shall notify Birchwood in writing of any increases that St. Anthony Village proposes to charge. 2.4 Birchwood will retain its meter -reading vendor and continue to internally process the bill mailing. If Birchwood chooses to have St. Anthony Village arrange for these services, the cost for these services will be negotiated between the parties. Warranty: 3.1 The City of St. Anthony Village agrees and warrants to the City of Birchwood that it will provide the utility billing services and work product set forth in this Agreement in a timely, precise, and accurate fashion to the best of its skill and ability. 4 Indemnity, Term and Termination: 4.1 It is the intent of the parties hereto that each shall remain responsible for the intentional or negligent actions of its own respective employees, agents, and/or representatives taken pursuant to this Agreement. The City of Birchwood Village agrees to defend, indemnify, and hold the City of St. Anthony Village and its employees, harmless from any claims, demands, actions, or causes of action, including reasonable attorney's fees, brought against or incurred by the City of St. Anthony Village and its employees arising out of or relating to this Agreement, for injury to, death of, or damage to the property of any third person or persons, arising out of any act or omission on the part of the City of Birchwood Village, and its employees, agents, or representatives. The City of St. Anthony Village agrees to defend, indemnify, and hold the City of Birchwood Village and its employees, harmless from any claims, demands, actions, or causes of