224-26 MOU.pdf

3 County’s property and right of way, including but not limited to claims based upon negligence by the way of commission or omission of the Township, its Department of Public Works, or its elected officials, department head, officers, agents, servants and employees. This indemnification shall include but is not limited to any third-party claims, demands, causes of action, judgments, costs of litigation (including reasonable attorney fees) for bodily injury, death, personal injury, and/or property damage occurring as a result of the Township’s equipment being on the premises in whole or in part. This indemnification does not extend to liability arising from the intentional, tortious, or negligent acts or omissions committed by the elected and appointed officials, directors, department heads, officers, agents, servants, and employees of the County, nor any condition of the rights of way owned or operated by the County of Essex that are not directly related to the Township's installation and maintenance of four (4) LED Rectangular Rapid Flashing Beacons (RRFB). SECTION IV TERMINATION The parties agree that any other initiative, memoranda of understanding, or agreement(s) executed between the parties shall be null and void after execution of this Agreement and that this Agreement shall be in full force and affect upon its execution. The parties agree that either party may cancel this memorandum of understanding upon thirty (30) days written notice of termination. Upon termination, the Township shall remove all equipment from the County’s property and rights of way within sixty (60) days. SECTION VI ENTIRE CONTRACT