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All requests for contract adjustments shall be submitted to: <br /> Fargo Public Works 402 23rd Street N. Fargo, ND 58102 9. If COUNTY fails to comply with paragraph 6, all costs associated with activities outlined in paragraph 2 exceeding contracted dollar amounts will be the sole responsibility of COUNTY to fund. 10. COUNTY will fund up to $145,000 for aerial spray application or comparable partial applications within the metro area including within CITY limits and surrounding area when determined necessary. <br /> 11. CITY agrees to fund any additional costs for aerial spraying above or beyond paragraph 8 when <br />CITY requests the contracted services of an aerial applicator. COUNTY will coordinate the aerial spray operation upon the CITY’s approval or after expressed written permission is given by the CITY authorizing the Vector Control Director as its agent to make the determination. <br />Additional funds for an aerial application are available for use in COUNTY at the discretion and authorization of COUNTY. 12. COUNTY agrees to assume all liability and agrees to indemnify and defend the CITY from all direct and indirect, present and future claims or causes of action, which in any way result from the activities of the COUNTY in completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of actions or other errors on the part of COUNTY, its employees or contractors and any party from which COUNTY may obtain information or services for the completion of the same. This assumption of liability and agreement to hold harmless is intended to cover any present or future activities undertaken by COUNTY in furtherance of this agreement. <br /> 13. CITY agrees to assume all liability and agrees to indemnify and defend the COUNTY from all direct and indirect, present and future claims or causes of action, which in any way result from the activities of the CITY in completion of the tasks stated herein or may result from the decisions, recommendations, actions, omissions of actions or other errors on the part of CITY, its employees or contractors and any part from which CITY may obtain information or services for <br />the completion of the same. This assumption of liability and agreement to hold harmless is intended to cover any present or future activities undertaken by CITY in furtherance of this agreement. Chair, Cass County Commission Date ________________________________________ _________________ <br /> Mayor, City of Fargo Date ________________________________________ _________________