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k t <br /> � Intergovernmental Cooperation Agreement <br /> K-Mart Pump Station Replacement <br /> harmless of any and all claims and losses arising out of work done by the contractor in the <br /> execution of the contract for said project.Further,the Sanitary District agrees to require the <br /> contractor to name the CIT'Y additional insured on the contractor's Commercial General <br /> Liability,Automobile Liability,and Owners'Protective Liability insurance policies for the <br /> project, and to provide the CITY with evidence of said coverage through valid certificates of <br /> insurance for the duration of said project. See attached Exhibit `D'. <br /> 10. DEFAULT OF AGREEMENT <br /> In case of default,the CITY agrees to pay all expenses,attorney fees and associated costs that <br /> the DISTRICT may incur in enforcing the terms of this agreement. <br /> 11. BINDING COMMITMENT <br /> The CITY hereby represents and wanants that,to the extent provided by law,this <br /> Agreement shall be fully binding upon the CITY,and its successors and assigns,for the entire <br /> term thereof. <br /> 12. TERMINATION OF INTERGOVERNMENTAL COOPERATION AGREEMENT <br /> This agreement may be terminated upon anyone of the following: <br /> a)By mutual agreement of both parties,or <br /> b)By payment in full by the CITY on remaining contract balance. <br /> 13. OWNERSHIP <br /> The CITY is solely responsible for acquiring the site for construction of the New K- <br /> MART pump station. CITY and DISTRICT agree the newly acquired site will be adjacent to <br /> the existing pump station. <br /> AGREE- 3 <br />