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<br /> (4) <br />from any and all liability (statutory or otherwise) claims, suits, damages, judgments, <br />interest, costs or expenses (including reasonable attorney’s fees, witness fees and <br />disbursements incurred in the defense thereof) resulting from or caused by the <br />negligent or intentional acts or omissions of the CITY, its officers, agents, contractors, <br />employees or duly authorized volunteers in the performance of the responsibilities <br />provided by this Agreement. The CITY’s liability shall be governed by Minn. Stat. <br />Chapter 466 and other applicable law, rule and regulation, including common law. <br />9. COUNTY agrees that it will defend, indemnify and hold the CITY, its <br />elected officials, officers, agents, employees and duly authorized volunteers harmless <br />from any and all liability (statutory or otherwise) claims, suits, damages, judgments, <br />interest, costs or expenses (including reasonable attorney’s fees, witness fees and <br />disbursements incurred in the defense thereof) resulting from or caused by the <br />negligent or intentional acts or omissions of the COUNTY, its officers, agents, <br />contractors, employees or duly authorized volunteers in the performance of the <br />responsibilities provided by this Agreement. The COUNTY’s liability shall be governed <br />by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including <br />common law. <br />10. The COUNTY shall endeavor to perform all services called for herein in an <br />efficient manner. The sole and exclusive remedy for any breach of this Agreement by <br />the COUNTY and for COUNTY's liability of any kind whatsoever, including but not <br />limited to liability arising out of, resulting from or in any manner related to contract, tort, <br />warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in <br />said services as is reasonably possible under the pertinent circumstances. <br />