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