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III. Mutual Indemnification: <br />I . The City agrees to defend, indemnify and hold harmless the County, its officers and <br />employees against any and all liability, loss, costs, damages and expenses which the County, <br />its officers, or employees may hereafter sustain, incur or be required to pay arising out of <br />negligent or willful acts of omissions of the Cit in the perfonnance of this agreement. <br />2. The County Agrees to defend, indemnify and hold harmless the City, its officers and <br />employees against any and all liability, loss, cost, damages and expenses which the City, its <br />officers or employees may hereafter sustain, incur or be required to pay arising out of negligent <br />or willful acts or omissions of the County in performance of this agreement. <br />IV. Miscellaneous: <br />This agreement may not be assigned or transferred without the express written consent of both <br />parties. <br />V. Records Availability and Retention: <br />Pursuant to Minnesota Statute 1 GC.05, Subd. 5, the Parties agree that each party, the State <br />Auditor, or any of their duly authorized representatives at any time during normal business <br />hours and as often as they my reasonably deem necessary, shall have access to and the right to <br />examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., that are <br />pertinent to the accounting practices and procedures of the parties and involve transactions <br />relating to this agreement. The parties agree to maintain and make available these records for a <br />period of at least six years from the date of termination of this agreement. <br />IN TESTIMONY WHEREOF, both parties have hereunto caused this presence to be executed <br />the day and year first above written. <br />CITY OF <br />By <br />Tom Weidt <br />Mayor <br />By <br />B at ar <br />City Administrator <br />Approved as t nn: <br />City Attorney ate <br />COUNTY OF WASHINGTON <br />By, Z- k4lt-y' <br />Stanl Karwoski, . hair <br />Board of Commissioners <br />By_. <br />Mot' O'Rourke <br />Cout)ty Administrator <br />Approved as to fonn <br />Asst. County Attorney Date