Agenda - Council - 04/27/2010 - Laserfiche WebLink

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December 31, shall give a complete written report of all financial activities for such fiscal year to the parties. 9. Article IX is amended by adding a new Section 6 to the Agreement to read as follows: Section 6: Liabilit A. Separate Public Entity. The Authority is a public entity separate from the parties and shall not be deemed by virtue of this Agreement to be an agent or partner of the parties to this Agreement, the Metropolitan Council, the Minnesota Department of Transportation or any grantee nor shall the parties be liable for the actions of the Authority the Metropolitan Council, the Minnesota Department of Transportation or any grantee. B. Responsibility for Own Acts and Omissions. Each party agrees that it will be responsible for its own acts and omissions, the acts and omissions of its commissioners, officers and employees and any liability resulting there from to the extent authorized by law. No party shall be responsible for the acts of the other parties and the results thereof Each party acknowledges and agrees that it is insured orself-insured consistent with the limits established in Minnesota State Statute. Each party agrees to promptly notify all parties if it becomes aware of any potential Authority related claim(s) or facts giving rise to such claims. C. No Waiver. Notwithstanding the foregoing the terms of this Agreement are not to be construed as, nor operate as waivers of a party's statutory or common law immunities or limitations on liability including but not limited to Minn. Stat. Chap. 466 Further the party's obligations set forth in this Article and otherwise in this Agreement are expressly limited by the provisions of Minn. Stat. Chap. 466 Minn. Stat. & 471.59 and any other applicable law or regulation providing limitations defenses or immunities to the parties and to the Authority. 10. This Amendment No. 2 may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 11. The terms and conditions set forth in the Agreement, as previously amended, shall continue in full force and effect, except as modified herein, and shall apply to this Amendment No. 2 as if fully set forth herein. IN WITNESS WHEREOF, the parties to this Amendment No. 2 to the Joint Powers Agreement Establishing the Northstar Corridor Development Authority have hereunto set their hands on the date written below: 6