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shall proceed with the Project and the City shall be liable to the County for the total cost of <br />the Project, in an amount not to exceed the lowest bid for the Project. <br />The County will provide contract administration for the Project, The City is responsible for <br />providing construction staling and construction observationloversight for the Project. <br />Upon completion of the Project, the City will be billed for 95% of the total cost for the <br />Project. The remaining 5% will be billed to the city once the Sherburne County Board has <br />approved the final payment to the contractor. <br />III. INDEMNIFICATION <br />The County and the City mutually agree to indemnify and hold harmless each other from any <br />claims, losses, casts, expenses or damages resulting from the acts ar omissions of the <br />respective officers, agents, or employees relating to activities conducted by either party under <br />this Agreement, <br />I~. ENTIRE AGREEMENT <br />It is understood and agreed that the entire agreement of the parties is contained herein and that <br />this Agreement supersedes all oral agreements and all negotiations between the parties <br />relating to the subject matter thereof, as well as any previous agreement presently in effect <br />between the parties to the subj ect matter thereof, Any alterations, variations, or modifications <br />of the provisions of this Agreement shall be valid only when they have been reduced to <br />writing and duly signed by the parties, <br />IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the <br />dates written below; <br />SHERBURNE COUNTY CITY OF ELK RIVER <br />By By <br />By <br />Rhonda F Lewis, PE; County Engineer <br />Date <br />John Menter; Public Works Director <br />Date <br />Stephanie Klinzing, Mayor <br />Date <br />By <br />Tina Allard, City Clerk <br />Date <br />GP;2736421 v2 <br />