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CAP agrees to indemnify, defend and hold ERMU harmless from all claims, actions, <br /> damages, losses, expenses, fees, including attorney fees, costs, and judgments that may <br /> be asserted against ERMU, or incurred by ERMU, due to the acts or omissions of CAP, <br /> CAP employees, and CAP agents in connection with the performance of the Agreement <br /> and Services. <br /> 9. Return of Records and Other CAP Property <br /> Upon termination or expiration of this Agreement, CAP shall deliver to ERMU all <br /> records, notes, data, memoranda models and equipment of any nature which are in CAP <br /> possession or under CAP control and that are ERMU property or relate to ERMU <br /> business. <br /> 10. Notices <br /> All notices required or permitted under this Agreement shall be in writing and shall be <br /> deemed delivered when delivered in person, confirmed receipt of electronic notification, <br /> or deposited in the United States mail,postage prepaid, addressed as follows: <br /> CAP: Tri_County Action Program <br /> ATTN: Gene Wyttnback <br /> 1210 23rd Avenue S. <br /> P.O. Box 683 <br /> Waite Park, MN 56387-0683 <br /> Gene.wyttnback@n,tricap.oru <br /> ERMU Name: Elk River Municipal Utilities <br /> ATTN: Tom Sagstetter <br /> 13069 Orono Parkway <br /> P.O. Box 430 <br /> Elk River, MN 55330-0430 <br /> tsagstetter @elkriverutilities.com <br /> Either party may change such addresses from time to time by providing written notice in <br /> the manner set forth above. <br /> 11. Entire Agreement <br /> This Agreement contains the entire agreement of the parties and there are no other <br /> promises or conditions in any other agreement whether oral or written. This Agreement <br /> supersedes any prior written or oral agreements between the parties. <br /> 12. Amendment <br /> This Agreement may be modified or amended, if the amendment is made in writing and <br /> is signed by both parties. <br /> 3 <br />