21-26 MOU Essex_WO RRFB PVW.pdf

2 SECTION II DUTIES The installation, operation, maintenance, and removal (if n e c e s s a r y ) of t h e T o w n s h i p ’ s rapid flashing beacons (RFB) and e q u i p m e n t o n t h e C o u n t y ’ s property s h a l l b e the e x c l u s i v e duty and responsi bil i ty of the Town ship, its e lected officials, d e p a r t m e n t h e a d s , officers, age nts, servants and employees. At all times d u r i n g t h e l i f e of t h i s M e m o r a n d u m s h a l l t h e rapid flashing beacons (RFB) and equipment remain the property o f the Township. The duty of the Co unty shall be to coo perate with the Township to insure that the Tow n ship h a s access to rapid flashing beacons (RFB) and equipment on an "as-needed " basis. These d u t i e s a n d responsibilities of this Agreement s h a l l b e subject t o the pro toco ls, directives a nd deci sions of the Bu si ness Administrator of the Township of West Orange, and the Co unty Exec utive of Essex Co unty, or t th eir respective designees. SECTION III HOLD HARMLESS PROVISION In consideration of the use of Essex County Rights of Way for the installation and maintenance of rapid flashing beacons (RFB) from the date of the Township's execution in perpetuity or until this Agreement is terminated under the provisions of Section IV below, the Township and its Department of Engineering and Public Works agree to indemnify and save harmless the County of Essex, its elected and appointed officials, directors, department heads, officers, agents, servants and employees, against any and all liability, claims, judgments, demands, attorney's fees and expenses, arising out of, or related to, or in connection with the initiative to install, operate, maintain and remove (if necessary) the Township's rapid flashing beacons (RFB) and equipment on the County's property and rights of way, including but not limited to claims based upon negligence by the way of commission or o missio n on the Tow n ship, its De partme nt Engineering and Public Works, o r its e lected officials, department head, officers, agents,