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4. COST. The estimated total cost of the Project is $177,397, of which <br />$81,343 is considered eligible for State cost-share participation. The Commission will <br />pay the County 35% of the actual eligible costs incurred in the Project, not to exceed <br />$28,470, subject to other conditions contained in this agreement and contingent upon the <br />availability of funds for the Project. The eligible costs and availability of funds will be <br />determined by the Secretary. Ineligible costs include, but are not limited to, costs for <br />technical assistance and funding provided by other agencies that reduces the cost of the <br />Project to the County, administrative, legal, and bonding costs. <br /> <br /> 5. PAYMENT. One payment will be made by the Secretary upon receipt <br />and approval of a written request, and the deliverable products, by the County. The <br />County will provide to the Secretary verification of actual costs. The Commission may <br />review the Project to determine whether the work is satisfactory before the Commission <br />makes payments to the County. <br /> <br /> 6. DELIVERABLE PRODUCTS. One set of point data files for the <br />LIDAR data and one set of the digital orthophotography will be provided to the <br />Commission. <br /> <br />7. INDEMNIFICATION AND INSURANCE. <br /> <br />ao <br /> <br />Indemnity. The County assumes liability for all claims against the County <br />and State, including all costs, expenses, and attorneys' fees that may result <br />from or arise out of this agreement except those claims arising out of the <br />State's sole negligence. In addition, the County shall require all <br />contractors/subcontractors to agree in writing that they will defend, <br />indemnify, and hold harmless the State and the County from all claims, <br />including costs, expenses, and attorneys' fees that may arise out of or <br />result from acts or omissions in performing work or activities under the <br />agreement, except for claims arising out of the State's or the County's sole <br />negligence. The legal defense provided by the contractor/subcontractor to <br />the State and the County under this provision must be free of any conflicts <br />of interest, even if retention of separate legal counsel for the State or <br />County is necessary. The contractor/subcontractor also agrees to defend, <br />indemnify, and hold the State harmless for all costs, expenses, and <br />attorneys' fees incurred in establishing and litigating the indemnification <br />coverage. This obligation shall continue after the termination of this <br />agreement. <br /> <br />b. Insurance. <br /> <br />(1) <br /> <br />The County shall secure and keep in force during the term of this <br />agreement, from 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 /> <br />3 <br /> <br /> <br />