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as determined above unless terminated by either party. Termination of the <br />�— Agreement by either parry shall be effective by serving the other party with a <br />written notice of termination not less than ninety (90) days prior to the date of <br />termination of the Agreement. Either party, at its option, may terminate the <br />Agreement as set forth above if the other party fails to comply with the terms and <br />conditions of this Agreement. The parties also agree that this Agreement may be <br />renewed on an annual basis upon agreement of both parties. Renewal of the <br />Agreement may be by written resolution of both parties prior to expiration of the <br />Agreement term. <br />VII. ASSUMPTION OF LIABILITY: <br />1. Pequot Lakes agrees to assume all liability for Pequot Lakes personnel <br />arising out of public works services performed pursuant to this Agreement <br />and Jenkins agrees to assume all liability for Jenkins personnel arising out <br />of services performed pursuant to this Agreement. <br />2. Each party agrees that the acts of its employees and agents for any activity <br />other than public works services identified herein shall be its responsibility <br />and each party indemnifies the other from any claims arising out of non- <br />public works activities caused by each party. <br />3. Pequot Lakes shall not be deemed to assume any liability for intentional or <br />negligent acts of Jenkins personnel or any agent or employee thereof. <br />Jenkins shall defend Pequot Lakes, its officers, employees, and agents <br />against, indemnify and hold Pequot Lakes harmless from any claim for <br />damages resulting from the performance of the services by Jenkins under <br />this Agreement. <br />4. Jenkins shall not be deemed to assume any liability for intentional or <br />negligent acts of Pequot Lakes personnel or any agent or employee <br />thereof. Pequot Lakes shall defend Jenkins, its officers, employees, and <br />agents against, indemnify and hold Jenkins harmless from any claim for <br />damages resulting from the performance of the services by Pequot Lakes <br />under this Agreement. <br />VIIl. SCOPE AND DESCRIPTION OF SERVICES: <br />MEYERS ROAD — the East West portion approximately 1/4 of a mile. <br />City of Jenkins ...... <br />City of Pequot Lakes <br />2 <br />Winter Maintenance <br />Summer Maintenance <br />