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a.) .Westlake shall take all necessary steps to provide for the following <br /> as determined to be necessary by Westlake: <br /> (i) Surveys,design plans,specifications and estimates for costs; <br /> (ii) Advertisement for bids; <br /> (ill) Acceptance of a bid and award of a contract; <br /> (iv) Secure easements. <br /> b.) No contract will be awarded by Westlake for the improvement until <br /> the designated representative of each of the parties has approved <br /> the award. The designated representative of Westlake will be <br /> Director of Engineering Robert Kelly. The designated representative <br /> of North Olmsted will be, <br /> 4.) Warranties and Insurance: <br /> a.) Each party represents and warrants that it has the full right and <br /> power to enter into this Agreement and is able to perform all of the <br /> obligations hereunder. <br /> b.) The parties agree to obtain and keep in full force such insurance <br /> policies covering liability and protect the parties against claims of <br /> any and all persons arising out of or resulting from the project <br /> which coverage shall afford protection to the limit of not less than <br /> One Million Dollars ($1,000,000.00) with respect to any one <br /> occurrence resulting in injury,death or property damage. <br /> 5.) entire Agreement: This constitutes the entire Agreement between the <br /> parties with respect to the subject matter hereof and supersedes all pre- <br /> existing Agreements and understandings between the parties. This <br /> Agreement may only be amended in writing and signed by both parties. <br /> In Witness Whereof, the parties executed this Agreement on the day and year first <br /> written above. <br /> City of Westlake City of North Olmsted <br /> By: By: <br /> Dennis M.Clough,Mayor Kevin Kennedy,Mayor <br /> Page 2 of 2 <br />