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as determined above unless terminated by either party. Termination of the <br />�. Agreement by either party shall be effective by serving the other parry 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 />OR <br />VII. ASSUMPTION OF LIABILITY: <br />1. Nisswa agrees to assume all liability for Nisswa personnel arising out of <br />public works services performed pursuant to this Agreement and Pequot <br />Lakes agrees to assume all liability for Pequot Lakes 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 parry. <br />3. Nisswa 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 Nisswa, its officers, employees, and <br />agents against, indemnify and hold Nisswa harmless from any claim for <br />damages resulting from the performance of the services by Pequot Lakes <br />under this Agreement. <br />4. Pequot Lakes shall not be deemed to assume any liability for intentional or <br />negligent acts of Nisswa personnel or any agent or employee thereof. <br />Nisswa 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 Nisswa under <br />this Agreement. <br />VIII. SCOPE AND DESCRIPTION OF SERVICES: <br />WILDERNESS ROAD — Located east of County Road 107, including that segment <br />revoked to Pequot Lakes and Nisswa by Crow Wing County effective October 13, 2009 <br />(See Attached Exhibit A) <br />City of Nisswa ........ ............................... Summer Maintenance <br />City of Pequot Lakes ..... ............................... Winter Maintenance <br />2 <br />