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6 <br /> within a reasonable time after the Entity receives the auditor's report.The request must <br /> also provide prices for each water savings measure for which the Entity would like <br /> payment. If the Entity intends to contract with a third party for any or all of the measures, <br /> the Entity must obtain three competitive bids for such measures and provide the apparent <br /> lowest responsive,responsible bidder's prices in the Entity's request to the City. If the <br /> Entity intends to perform the work itself,the Entity must include in its request a price for <br /> labor,equipment,materials and any other costs or expenses. <br /> 4.5 The City will review the request and may then approve payment for some or all of the <br /> cost of the measures.The City will decide in its sole discretion which measures and what <br /> percentage of the cost of such measures it will fund.Any work for measures performed <br /> prior to the City's decision to pay will be at the Entity's sole risk.Decisions to pay for <br /> water savings measures will depend in part on the number of applicants and the <br /> availability of funds, and will be for equipment,labor and materials only. Such amount <br /> will only be paid after receipt of an invoice as provided in this agreement.The City will <br /> not pay for operations,maintenance,consulting fees,or capital costs other than as <br /> provided in this Agreement.The parties acknowledge that such payment is intended to be <br /> made only once,and future costs and expenses relating to the water savings measure will <br /> be the responsibility of the Entity,not the City. <br /> 4.6 An invoice for payment shall include the following: <br /> a. Copy of the request <br /> b. Copy of the audit report(if applicable) <br /> c. Copy of approval letter from the City <br /> d. Work Order number <br /> e. If the Entity hires a contractor to do the work, an itemized invoice from the <br /> contractor to the Entity <br /> 5. LEGAL RELATIONS,INDEMNIFICATION AND LIABILITY <br /> 5.1 This Agreement does not modify or supersede existing laws and statutes.In meeting the -- <br /> commitments encompassed in this Agreement,all parties shall comply with the • <br /> requirements of federal,state or local law. <br /> 5.2 The Entity shall hold harmless,indemnify, and defend at its own expense the City,its <br /> elected and appointed officials,officers,employees and agents,from any loss or claim for <br /> damages of any nature whatsoever,arising out of the Entity's performance of this <br /> Agreement,including claims by the Entity's employees or third parties,except those <br /> damages solely caused by the negligence or willful misconduct of the City,its elected <br /> and appointed officials,officers,employees or agents. <br /> 5.3 In the event of liability for damages of any nature whatsoever arising out of the <br /> performance of this Agreement by the City and the Entity, including claims by the City's <br /> or the Entity's own officers,officials,employees,agents,volunteers, or third parties, <br /> caused by or resulting from the concurrent negligence of the Entity and the City,their <br /> officers, officials,employees,agents and volunteers,each party's liability hereunder shall <br /> only be to the extent of that party's negligence. <br /> 5.4 It is specifically and expressly understood that the indemnification provided in this <br /> Agreement constitutes the parties' waiver of immunity under the State Industrial <br /> i6 <br />