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I*.- <br />as determined above unless terminated by either party. Termination of the <br />Agreement by either party 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 Breezy Point agrees to assume all liability for Breezy Point personnel <br />arising out 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 Breezy Point personnel or any agent or employee thereof. <br />Breezy Point shall defend Pequot Lakes, its officers, employees, and <br />agents against, indemnify and hold Pequot Lakes harmless from any claim <br />for damages resulting from the performance of the services by Breezy <br />Point under this Agreement. <br />4. Breezy Point 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 Breezy Point, its officers, employees, <br />and agents against, indemnify and hold Breezy Point harmless from any <br />claim for damages resulting from the performance of the services by <br />Pequot Lakes under this Agreement. <br />VIII. SCOPE AND DESCRIPTION OF SERVICES: <br />2 <br />NELSON ROAD — One mile haul road on Breezy Point /Sibley Section line <br />City of Pequot Lakes ..... ............................... Summer Maintenance <br />City of Breezy Point ..... ............................... Winter Maintenance <br />City of Pequot Lakes ....... ..........................Minor Repairs on Nelson Road <br />50/50 Split ................... ..........................Major Repairs on Nelson Road <br />