06-15-2010 Council Work Session Packet

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b. Billin�. Orono shall bill Minnetonka Beach on or before the 15`� day of each month for the retainer fee, plan review, hourly and inspection charges incurred in providing services during the previous month. Minnetonka Beach shall remit payment thereon on or before the 1 St day of the next month. 13. INDEMNIFICATION. Orono shall defend and indemnify Minnetonka Beach and its employees, officials, and agents from and against all claims, damages, injuries or death, losses or expenses, including attorney fees, which Orono may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the Orono Building Department per this Agreement. Under no circumstances, however, shall Minnetonka Beach be required to pay on behalf of itself and Orono, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for Minnetonka Beach and Orono may not be added together to determine the maximum amount of liability for Minnetonka Beach. The intent of this section is to impose on Minnetonka Beach a limited duty to defend and indemnify Orono for claims arising out of the performance of this Agreement subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts between the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 14. AMENDMENTS. Any amendments, addenda, alterations, ar modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 15. NOTICES. Pursuant to this Agreement, notices shall be hand delivered or mailed as follows: AS TO ORONO: City of Orono Attn.: City Administrator 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 AS TO MINNETONKA BEACH: City of the Village of Minnetonka Beach Attn.: City Administrator 2945 Westwood Road Minnetonka Beach, MN 55361. 16. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between Orono and Minnetonka Beach and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof. 143899v3 ']