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ii. CITY Ames: <br />1. To utilize LOGIS staff when needed to manage the computers, servers, local <br />area network, wide area network, network security. <br />2. Provide access for LOGIS to complete requests outlined by RAMSEYPD. <br />3. Delegate to the CITY's technology staff the direct coordination, guidance, and <br />direction of LOGIS staff in the support and management of the RAMSEYPD <br />computers, servers, local area network, wide area network, and network <br />security. <br />5. Costs. LOGIS shall provide these services and support to RAMSEYPD and shall charge the <br />CITY based on the current budget year LOGIS Network Services hourly labor rate. This <br />rate is provided to RAMSEYPD each year as part of the LOGIS budget document. Support <br />directly related to the use and access of LOGIS applications will not be charged to the CITY. <br />6. Liability Limitation. Each party is liable to the other only to the extent the negligent actions <br />or inactions of one cause direct out-of-pocket cost to the other. No party is responsible for lost <br />services, lost revenues, lost profits, indirect, consequential or special damages or attorneys' <br />fees incurred by another. <br />7. Indemnity and Duty to Defend. The Parties agree to indemnify and hold each other <br />harmless from any and all liability on account of injury to third parties or damage to third <br />party property occasioned by the negligent actions or inactions of another. The party seeking <br />to be indemnified and defended shall provide timely notice to the others when the claim is <br />brought. The party undertaking the defense shall retain all rights and defenses available to <br />the party indemnified and no immunities are hereby waived that are otherwise available to the <br />other parties. Nothing in this paragraph shall be deemed a waiver by either party of the <br />3 <br />