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<br />4 <br /> <br />other significant resurfacing of the Roadway Improvements (collectively referred <br />to as “Overlay and Capital Improvements”). Any determination that an Overlay <br />and Capital Improvements project is necessary shall be made jointly by Lino <br />Lakes and Hugo. The Parties shall coordinate in good faith to evaluate roadway <br />condition, scope, timing, and estimated costs prior to proceeding with any <br />Overlay and Capital Improvements. The costs of any bridge repairs and bridge <br />maintenance associated with the Roadway Improvements shall be shared equally <br />by the Parties, with Lino Lakes and Hugo each responsible for fifty percent (50%) <br />of such costs; provided, however, that no such bridge repair or maintenance work <br />shall be undertaken, nor shall either Party be obligated to share in the cost thereof, <br />unless approved in writing by the Parties’ respective City Councils in a manner <br />consistent with the approval requirements for Overlay and Capital Improvements <br />set forth herein. <br /> <br />No Overlay and Capital Improvements shall be undertaken, nor shall either Party <br />be obligated to share in the cost thereof, unless the Parties’ respective City <br />Councils mutually agree in writing that such work is necessary and approve the <br />general scope and cost estimate. Upon mutual agreement, Lino Lakes and Hugo <br />shall equally share the costs of Overlay and Capital Improvements. Each Party <br />shall pay its share within forty-five (45) days after receipt of written invoice and <br />reasonable documentation of the Overlay and Capital Improvements, with such <br />documentation including, at a minimum, a summary of project costs, copies of <br />contractor invoices or pay applications, and such other supporting materials as are <br />reasonably necessary to substantiate the invoiced amount. <br /> <br />C. Ditch System. Lino Lakes shall maintain the westerly ditch system of the <br />Roadway Improvements, and Hugo shall maintain the easterly ditch system of the <br />Roadway Improvements. The maintenance of the culverts located under the <br />roadway, connecting the westerly ditch and easterly ditches, shall be performed <br />by Hugo, and the costs of such maintenance, including materials and labor, shall <br />be shared equally by the Parties, with Hugo and Lino Lakes each responsible for <br />fifty percent (50%). <br /> <br />SECTION 5. MISCELLANEOUS PROVISIONS <br /> <br />A. No Waiver of Immunities. Nothing in this Agreement is intended to, nor shall it <br />be construed to, waive or limit any statutory or common-law immunities, <br />defenses, or limitations of liability available to either Party under Minnesota law. <br /> <br />B. Insurance. Each Party shall maintain insurance coverage as required by law and <br />consistent with its customary practices. Upon reasonable request, a Party shall <br />provide evidence of such coverage to the other Party. <br /> <br />C. Amendments. This Agreement may be amended or modified only by a written <br />agreement executed by authorized representatives of both Parties and approved by <br />their respective City Councils.