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for operation,maintenance,installation,management,equipment,materials, <br /> chemicals,repair,upgrade,and replacement of the Facilities;liability;legal <br /> compliance of the same with applicable law,and all costs related to the Facilities <br /> for the same of any kind or nature whatsoever,shall be by PRASD. <br /> 2.3. City is not responsible for assuring PRASD Facility MPCA permit is in <br /> compliance. <br /> 3. DUTIES AND RESPONSIBILITIES OF PRASD <br /> 3.1. PRASD will provide all equipment, including safety equipment as required <br /> by law, necessary for City,through the Employee, to provide the services <br /> at PRASD's Facilities in compliance with State and Federal law. Said duties <br /> and responsibilities shall specifically include,but are not limited to the <br /> following: <br /> 3.1.1. Provide City,in writing,prior to the day on which services begin <br /> under this Agreement,the name of PRASD's authorized <br /> representative for this Agreement. <br /> 3.1.2. Maintain in full force and effect,in accordance with their <br /> respective terms, all guarantees, warranties,easements, <br /> permits, licenses, and other similar approvals and consents <br /> received or granted to PRASD as the owner of the Facilities <br /> and components. <br /> 3.1.3. Be responsible for all expenditures and all costs necessarily <br /> required for the operation,maintenance,installation, <br /> management,equipment,materials,chemicals,repair,upgrade,and <br /> replacement of the Facilities;liability;and legal compliance of the <br /> same with applicable law. <br /> 3.1.4. At all times provide access to the Facilities to City and the <br /> Employee and its authorized agents; <br /> 3.15. Be responsible for damage and liability to the Facilities <br /> caused by flood, fire,acts of God or other force majeure, or <br /> misuse of property to the extent PRASD was negligent <br /> regarding the misuse of property. <br /> 3.1.6. Be responsible for all property, excise and other taxes <br /> assessed against the Facilities. <br /> 3.1.7. Be responsible for all penalties,costs and fines imposed by any <br /> regulatory agency having jurisdiction over the Facilities related <br /> to or arising from operation of the Facilities. <br /> 3.1.8. Maintain in full force and effect all policies of property and <br /> commercial general liability insurance pertaining to the <br /> Facilities and name City as an additional insured. <br /> 3.1.9. Provide personnel to perform all operations of the Facilities <br /> other than the services specified in this Agreement and have full <br /> control and direction over the method and manner of <br /> performing those operations of the Facilities. <br /> 2 <br />