09.01 - Consider Agreement for Water/Wastewater Operation Services

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one year unless written cancelation is received 90 days prior to �.. anniversary date by either the CITY or the CONTRACTOR. 4. TERMINATION 4.1. Either party, in the event of the other party's breach of contract terms, may terminate this agreement. In the event of a health or safety emergency, CITY may immediately implement temporary, alternative water operator services. If this contract is terminated for any reason, CITY shall notify the proper state agencies of cancellation or termination. 5. INDEMNIFICATION / HOLD HARMLESS 5.1 Each party (hereinafter referred to as the Indemnifying Party) agrees to defend, indemnify, and hold harmless the other party against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the Indemnifying Party and /or those of the Indemnifying Parties' employees or agents. Under no circumstances, however, shall an Indemnifying Party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for all parties may not be added together to determine the `-- maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 6. INSURANCE 6.1. Both parties agree that each party is currently insured through the League of Minnesota Cities Insurance Trust (��LMCIT ") and maintains appropriate levels of insurance as required by the LMCIT and furthermore each party agrees to maintain the current levels of insurance with the LMCIT through the term of this Agreement. 7. COMPENSATION 7.1. CITY shall compensate the CONTRACTOR the sum of $4,000.00 per month to serve as the certified water supply system and wastewater operator as specified herein for the initial term.