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day it was delivered. Charleston shall not be responsible for major repairs to the <br /> ladder truck. In the event major repairs are indicated, through no fault of <br /> Charleston, its employees, or agents, this Agreement shall be terminated, and <br /> the ladder truck returned to Decatur. Any transportation cost, expense, or fee <br /> required to return the ladder truck to Decatur shall be borne by Charleston. The <br /> Parties agree that during the term of this Intergovernmental Lease Agreement, <br /> Charleston may need to perform routine maintenance on, or repairs to, the ladder <br /> truck. Charleston shall neither perform nor allow to be perFormed any major <br /> repairs to the ladder truck without first fully apprising Decatur of the nature of the <br /> repairs, including the necessity of the repairs, the estimated cost of the repairs, <br /> the estimated length of time to repair, all available repair alternatives, and without <br /> Decatur's prior written approval. <br /> 8. LIABILITY AND INDEMNIFICATION: <br /> The Parties agree to indemnify and hold harmless the other party from <br /> and against any and all claims, damages, costs, and expenses, including <br /> reasonable attorney fees, to the extent caused by or arising out of the negligent <br /> or willful and wanton acts or omissions in the use, operation, maintenance, <br /> repair, storage or possession of the ladder truck by the indemnifying party or any <br /> employee, agent, or contractor of the indemnifying party, and b) any breach of an <br /> obligation under this Intergovernmental Lease Agreement. The party seeking <br /> indemnification shall give the indemnifying party written notice of any claim which <br /> may give rise to an obligation to indemnify the other party not later than 60 days <br /> of the notifying party's first receiving knowledge of the such claim. <br /> 5 <br />