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4. Harristown Township agrees to reimburse the Lead Agency for the complete <br /> and total costs of micro-surfacing those select roadways under its jurisdiction <br /> in the County of Macon. The Lead Agency will remit no more than monthly <br /> invoices to each participant based upon the amount of work performed under <br /> the participant's jurisdiction with payment to the Lead Agency within thirty <br /> (30) days after date of invoice. <br /> 5. Liability Limits <br /> a. Harristown Township agrees to indemnify, defend, and hold <br /> Lead Agency its officers, agents, and employees harmless from <br /> and against any and all claims, suits, causes of action, <br /> liabilities, damages,judgments or expenses including, but not <br /> limited to, reasonable attorney's fees and litigation costs, for <br /> personal injuries (including, but not limited to, death) or <br /> property damage arising out of the Lead Agency obligations, <br /> responsibilities and performance under this agreement. This <br /> provision shall not require Harristown Township to indemnify <br /> the Lead Agency from the Lead Agency's sole gross negligence <br /> or willful misconduct. <br /> b. During the term of this Agreement, Harristown Township shall at <br /> all times procure and maintain insurance and shall name the Lead <br /> Agency its officers and employees, as an additional named insured <br /> for all insurance. Harristown Township shall furnish certificates <br /> and endorsements evidencing insurance and named insured prior to <br /> commencement of services under this Agreement. <br /> c. The Lead Agency shall require the contractor awarded the <br /> contract under this agreement to execute contracts <br /> indemnifying The City of Decatur and Harristown Township, <br /> for any liability arising out of the contractor's work. The <br /> Contractor shall provide certificates of insurance evidencing <br /> third party insurance in accordance with the construction <br /> contract documents and the City of Decatur its officers and <br /> employees, and Harristown Township its officers and <br /> employees shall be named as additional insured on any <br /> liability insurance policy pertaining to work under the contract. <br /> Contractor's insurance shall be primary. <br /> 6. This agreement shall be in full force and effect upon its proper and legal <br /> approval by the City of Decatur and Harristown Township and shall inure to <br /> the benefit of the City of Decatur and Harristown Township, their successors <br /> and assigns, until the improvements to the micro-surfacing project are <br /> completed and all related costs therefore are paid or the project is cancelled. <br /> Page 2 of 3 <br /> Exhibit A <br />