3.9. SR 03-17-2008 - Laserfiche WebLink

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3. Maintenance and Upgrades. It is anticipated that Aggregate and Gemstone's use of the Roadway will result in increased maintenance costs for damage caused by overweight trucks during the spring road closings. Aggregate and Gemstone therefore agree to repair and maintain the Roadway as directed by the City while this Agreement is in effect. The cost of such repair and maintenance shall be borne by Aggregate and Gemstone according to a separate agreement between Aggregate and Gemstone. 4. Indemnification. Aggregate and Gemstone agree to indemnify and hold the City harmless from any claims by third parties related to their use of the Roadway for overweight trucks and/or their activities to repair and maintain the Roadway as required by this Agreement. 5. Notices. All notices shall be in writing and shall be deemed to have been duly given and effective: (i) on the date of delivery, if delivered personally; (ii) on the earlier of the third (3) business day after mailing or the date of the return receipt acknowledgement, if mailed by first class mail, postage prepaid, by certified or registered mail, return receipt requested; or (iii) on the day after delivery to Federal Express or a similar overnight courier or the express mail service maintained by the United States Postal Service. Notices shall be made to the addresses set forth below: If to Aggregate: Aggregate Industries -North Central Region, Inc. Attention: Bob Bieraugel 2915 Waters Road, Suite 105 Eagan, MN 55121 Telephone: (651) 683-8133 Facsimile: (651) 683-8182 If to Gemstone: Gemstone Products Company, Inc. Attention: Gemstone Products Company 2025 Centre Point Blvd Mendota Heights, MN 55120 Telephone: (651) 688-9292 Facsimile: (651) 688-0124 If to City: City of Elk River Attention: Public Works Director 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 Telephone: (763) 635-1051 Facsimile: 2