4.7 SR 10-19-2020 - Laserfiche WebLink

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4.7atl 4. When Elk River desires the assistance of Wyoming with provision of the Services, Wyoming staff shall take direction from Elk River Building Official for all work performed under this Agreement. 5. Elk River shall pay Wyoming for the Services provided at the request of Elk River at the current rates and fees found in the City of Wyoming Fee Schedule as of the date the Services are provided. Wyoming shall provide Elk River with a written and itemized billing statement for hourly and other fees under this Agreement. Elk River shall submit payment to Wyoming within 30 days of receipt of such written and itemized billing statement. 6. This agreement shall terminate as follows: a. Upon the expiration of the 45 days after service of written notice upon the other party at the following address: or To Elk River: City of Elk River City Administrator 13065 Orono Parkway Elk River, MN 55330 To Wyoming: City of Wyoming City Administrator 26885 Forest Blvd. Wyoming, MN 55092 b. At any time, upon mutual written agreement of the parties. 7. Wyoming agrees to defend, indemnify, and hold harmless Elk River, and its officials, agents, and employees, from and against all claims, actions, damages, losses, and expenses arising out of or resulting from Wyoming's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Wyoming. This provision shall not be construed as a waiver by either parry of any defenses, immunities, or limitations on liability with respect to claims made by third parties. 8. Elk River agrees to defend, indemnify, and hold harmless Wyoming, and its officials, agents, and employees from and against all claims, actions, damages, losses, and expenses arising out of or resulting from Elk River performance of the duties required under this Agreement, provided that any such claim, action, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Elk River. This provision shall not be construed as a waiver by either parry of any defenses, immunities, or limitations on liability with respect to claims made by third parties. 9. Notwithstanding Sections 7 and 8, each parties' liability shall be governed by the provisions of Minnesota Statutes Chapter 466. -2-