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Demonstration of Energy&Efficiency Developments(DEED)Grant Agreement <br /> Elk River Municipal Utilities(ERMU) <br /> CG 2036 ERMU Partners with City of Elk River and Local Businesses to Provide Fast EV <br /> Charging as Part of Green Step Cities Initiative <br /> c) Subcontractor shall maintain in strict confidence a confidential or proprietary information <br /> shared by the Commissioning Party during the course of this Agreement,and such information shall not <br /> be disclosed to any third party,either directly or indirectly;and <br /> d) Subcontractor has the unencumbered right to enter into this Agreement. <br /> 3. Subcontractor shall indemnify and hold the Commissioning Party,its officers,directors,members <br /> and employees harmless for any costs,including,but not limited to,attorneys fees,which arise out of any <br /> breach of the warranties set forth in Section 2. <br /> 4. Subcontractor hereby acknowledges that[it or he/she]is an independent contractor for purposes of <br /> this Agreement. <br /> 5. This Agreement may not be modified or amended unless it is in writing and signed by both <br /> parties. <br /> The parties hereto have executed this Agreement as of the date indicated below. <br /> Subcontractor:Werner Electric Ventures,LLC <br /> Name: Randy Mober <br /> Signature: /`/ <br /> Title: Energy Services and Solutions Manager <br /> Commissioning Party: American Public Power Association <br /> Name: 1t��Pi(�f��-�C(41 i/! <br /> Signature: �''�L�si�.�71�.1,>►1����I�L%/.7a'J; ._l_ <br /> Title: I i flit r4 <br /> On this W `day of 0 ece,m,b C ry 2011p <br /> 76 <br />