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09.05 - Water-Wastewater Operations Service Agreement
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09.05 - Water-Wastewater Operations Service Agreement
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state agencies of cancellation or termination. <br /> 6. INDEMNIFICATION/HOLD HARMLESS <br /> 6.1. Each Party (referred to as the"Indemnifying Party"in paragraph 6.1) agrees to <br /> defend, indemnify, and hold harmless the other Party against any and all <br /> claims, liability, loss, damage, or expense arising under the provisions of this <br /> Agreement and caused by or resulting from negligent acts or omissions of the <br /> Indemnifying Party and/or those of the Indemnifying Parties' employees or <br /> agents. Under no circumstances, however, shall an Indemnifying Party be <br /> required to pay on behalf of itself and the other Party any amounts in excess <br /> of the limits on liability established in Minnesota Statutes, Chapter 466 <br /> applicable to any one party. The limits of liability for all Parties may not be <br /> added together to determine the maximum amount of liability for either Party. <br /> The intent of this paragraph is to impose on each Party a limited duty to <br /> defend and indemnify each other subject to the limits of liability under <br /> Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend <br /> and indemnify is to simplify the defense of claims by eliminating conflicts <br /> among the Parties and to permit liability claims against both Parties from a <br /> single occurrence be defended by a single attorney. <br /> 6.2. All indemnification obligations shall survive termination, expiration or <br /> cancellation of this Agreement. <br /> 7. INSURANCE <br /> 7.1. Both Parties agree that each Party is currently insured through the League <br /> of Minnesota Cities hsurance Trust ("LMCIT") and maintains appropriate <br /> levels of insurance as required by the LMCIT, including sufficient liability <br /> insurance to cover its liability pursuant to the Minnesota Tort Claims Act, <br /> Minnesota Statutes, Section 466.04, as amended, and furthermore each <br /> Party agrees to maintain the current levels of insurance with the LMCIT <br /> through the term of this Agreement. <br /> 8. COMPENSATION <br /> 8.1. CITY shall compensate the CONTRACTOR the sum of $4,000.00 per <br /> month(the "Contract Price") to serve as the certified water supply system <br /> and wastewater operator as specified herein for the term of this Agreement. <br /> Said sum shall be payable on a monthly basis, payments due within <br /> thirty (30) days of the CONTRACTOR submitting an invoice to CITY. <br /> 8.2. CITY shall compensate CONTRACTOR at a rate of $35.00 per hour for <br /> additional services provided by CONTRACTOR'S employees that are <br /> authorized in writing by CITY. <br /> 6 <br />
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