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4. COST. The estimated total cost of this Project is $54,000, of which $49,500 is <br />considered eligible for State cost-share participation at thirty-five percent for a sum of <br />$17,325. The Commission will pay the County thirty-five percent of the actual eligible <br />costs of the Project, subject to the conditions contained in this agreement and contingent <br />upon the availability of funds for the Project. The eligible costs and availability of funds <br />will be determined by the Secretary. Ineligible costs include, but are not limited to, costs <br />for technical assistance and funding contributions provided by other agencies, <br />administsative costs, and legal costs. Not to exceed <br /> <br /> 5. PAYMENT. One payment will be made by the Secretary upon receipt of the <br />hydraulic analyses and floodway maps. The County will provide to the Secretary a <br />written request for payment and verification of actual costs. A representative from the <br />Commission will review the Project to determine whether the work is satisSactory befum <br />the Commission makes payment to the County. <br /> <br />6. INDEMNIFICATION AND INSURANCE. <br /> <br />Indemnity. The State and the County each assume its own liability for all <br />claims, including all costs, expenses, and attorneys' fees that may result <br />from or arise out of this agreement. In addition, the County shall require <br />all subcontractors to agree in writing that they will defend, indemnify, and <br />hold harmless the State and the County from all claims, including costs, <br />expenses, and attorneys' fees that may arise out of or result from acts or <br />omissions in performing work or activities under t/he agreement, except for <br />claims arising out of the State's or the County's sole negligence. The legal <br />defense provided by the subcontractor to the State and the County under <br />this provision must be free of any conflicts of interest, even if retention of <br />separate legal counsel for the State or County is necessary. The <br />subcontractor also agrees to defend, indemnify, and hold the State and <br />County harmless for ali costs, expenses, and attorneys' fees incurred in <br />establishing and litigating the indemnification coverage. This obligation <br />shall continue after thc termination of this agreement. <br /> <br />(1) <br /> <br />The County shall secure and keep in rome during the term of this <br />agreement, fi.om insurance companies, government self-insurance <br />pools, or government self-retention funds, authorized to do <br />business in North Dakota, the following insurance coverages <br />covering the County for all claims that may arise out of or result <br />fi.om this agreement: <br />(a) Commercial general liability, including contractual <br /> coverage, and products or completed operations coverage <br /> <br /> <br />