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58 <br />action, including reasonable attorney's fees, brought against or incurred by the City of <br />Birchwood Village and its employees arising out of or relating to this Agreement, for injury to, <br />death of, or damage to the property of any third person or persons, arising out of any act or <br />omission on the part of the City of St. Anthony Village and its employees, agents, or <br />representatives. <br />4.2 This Agreement shall commence as of the date this document is fully executed by the <br />parties and shall continue until terminated by either party. <br />4.3 Upon default in the terms of this Agreement, the non -defaulting Party may terminate this <br />Agreement upon providing to the other Party written notice of the default and the intention to <br />terminate, and providing ten (10) calendar days to cure the default. If the default is not cured <br />within ten (10) calendar days of receipt of the notice, then the contract shall be terminated. <br />4.4 Either Party may terminate this agreement without cause upon providing at least six <br />months' written notice to the other party.. <br />General Terms and Conditions: <br />5.1 St. Anthony Village shall be deemed an independent contractor for purposes of all services <br />to be provided under this Agreement. Unless otherwise agreed by the parties, St. Anthony <br />Village shall provide its own tools and equipment and shall select its own manner and method of <br />performing its services. St. Anthony Village and its employees shall not be considered an <br />employee of Birchwood for any purpose, and shall waive, release, and not be entitled to any of <br />the benefits usually accorded Birchwood City employees, including but not limited to severance <br />pay, health insurance benefits, retirement credits, worker's compensation coverage, or any <br />other rights or benefits that accrue to Birchwood city employees. <br />5.2 The prevailing party in any dispute arising out of this Agreement shall be entitled to <br />reimbursement of its costs and attorneys' fees in asserting or defending its rights hereunder <br />against the non -prevailing party. <br />5.3 This Agreement may be amended at any time by agreement of Birchwood and St. Anthony <br />Village. Any amendments shall be in writing to be effective. <br />5.4 Any notices required to be provided pursuant to this Agreement shall be given by United <br />States Mail (postage prepaid), personal service, or fax, or by e-mail if the parties agree, to the <br />following addresses: <br />City of Birchwood Village <br />Dale Powers, City Clerk -Coordinator <br />207 Birchwood Avenue <br />Birchwood, MN 55110 <br />Phone: 651-426-3403 <br />Email: bwclerk comcastnet <br />