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V. PAYMENT. COUNTY agrees to make such payments for services rendered under this Agreement
<br />as and in the manner specified herein and in the attached Schedule B, which is fully incorporated
<br />herein by reference. Notwithstanding any language to the contrary in this Agreement or its
<br />attachments, COUNTY shall never be required to pay more than the sum set forth on page 1 of this
<br />Agreement under the heading MAXIMUM COST, for all services rendered by PROVIDER under this
<br />Agreement.
<br />VI. REPORTS. PROVIDER agrees to make such reports as are required in the attached Schedule C,
<br />which is fully incorporated herein by reference. With respect to such reports it is expressly
<br />understood that time is of the essence and that the failure of PROVIDER to comply with the time
<br />limits set forth in said Schedule C shall result in the penalties set forth herein.
<br />VII. DELIVERY OF NOTICE. Notices, bills, invoices and reports required by this Agreement shall be
<br />deemed delivered as of the date of postmark if deposited in a United States mailbox, first class
<br />postage attached, addressed to a party's address as set forth above. It shall be the duty of a party
<br />changing its address to notify the other party in writing within a reasonable time.
<br />VIII. INSURANCE REQUIREMENTS & NO MUTUAL INDEMNIFICATION Prior to providing services
<br />under this Agreement, PROVIDER shall forward a Certificate of Insurance to the Dane County Risk
<br />Manager, 210 Martin Luther King Jr. Blvd., City -County Building Room 425, Madison, WI 53703,
<br />demonstrating at least the following:
<br />A. Commercial General Liability with a limit of liability of no less than $1,000,000 per
<br />occurrence and a $3,000,000 aggregate, and including coverage for bodily injury, death,
<br />property damage and personal injury;
<br />B. Automobile Liability with a combined single limit on liability of no less than $1,000,000;
<br />C. PROVIDER is self-insured in the State of Minnesota as to Worker's Compensation
<br />Insurance;
<br />D. In case of any sublet of work under this Agreement, PROVIDER shall furnish evidence that
<br />each and every subcontractor has in force and effect insurance policies providing coverage
<br />identical to that required of PROVIDER; and
<br />E. Each party shall be responsible for the consequences of its own acts, errors, or omissions
<br />and those of its employees, boards, commissions, agencies, officers, and representatives
<br />and shall be responsible for any losses, claims, and liabilities which are attributable to such
<br />acts, errors, or omissions including providing its own defense. In situations of joint liability,
<br />each party shall be responsible for the consequences of its own acts, errors, or omissions
<br />and those of its employees, agents, boards, commissions, agencies, officers and
<br />representatives. It is not the intent of the parties to impose liability beyond that imposed by
<br />state statutes.
<br />IX. NO WAIVER BY PAYMENT OR ACCEPTANCE. In no event shall the making of any payment or
<br />acceptance of any service or product required by this Agreement constitute or be construed as a
<br />waiver by COUNTY of any breach of the covenants of this Agreement or a waiver of any default of
<br />PROVIDER and the making of any such payment or acceptance of any such service or product by
<br />COUNTY while any such default or breach shall exist shall in no way impair or prejudice the right of
<br />COUNTY with respect to recovery of damages or other remedy as a result of such breach or default.
<br />X. NON-DISCRIMINATION. During the term of this Agreement, PROVIDER agrees not to discriminate
<br />on the basis of age, race, ethnicity, religion, color, gender, disability, marital status, sexual
<br />orientation, national origin, cultural differences, ancestry, physical appearance, arrest record or
<br />conviction record, military participation or membership in the national guard, state defense force or
<br />any other reserve component of the military forces of the United States, or political beliefs against
<br />any person, whether a recipient of services (actual or potential) or an employee or applicant for
<br />employment. Such equal opportunity shall include but not be limited to the following: employment,
<br />upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, rates of pay, and
<br />any other form of compensation or level of service(s). PROVIDER agrees to post in conspicuous
<br />Dane County -University of Minnesota Air Pollution Inventory POS Agreement FINAL.doc Page 3 of 13
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