I-2 - Resolution 2025-008 - 28E Agreement for Roundabout at FGR and Jasper Avenue

c. Notices to North Liberty: 360 N. Main Street PO Box 77 North Liberty IA 52317 ATTN: City Administrator d. Notices to Johnson County: 913 S. Dubuque Street Iowa City, Iowa 52240 ATTN: Chair, Johnson County Board of Supervisors 8. Severability If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 9. Assignment This Agreement shall not be Assigned without the consent of all parties. 10. Indemnification/Hold Harmless Each party agrees to release, indemnify and hold the other parties, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other parties or their servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. However, no party seeking indemnification shall be indemnified if the losses, claims, expenses, or other damages resulted from the gross negligence or intentional misconduct of the party (or such party’s employees or agents) that is seeking indemnification. Cities shall not be liable for their failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the control of Cities. County shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the County’s control. This does not waive any of the defenses of governmental immunity available to Cities or County under Section 670.4 of the Code of Iowa, as it now exists and as it may be amended from time to time. When letting the Project, North Liberty shall require the contractor to add all parties to this Agreement as additional insureds on their general liability policy.