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Agenda - Council Work Session - 06/07/2011
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Agenda - Council Work Session - 06/07/2011
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3/18/2025 2:08:21 PM
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6/2/2011 5:45:03 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
06/07/2011
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C. Insurance — The various P_;ope��f T gFeerrent-sproperty transfer -'------- {Formatted: List Paragraph, None <br />agreements and Co-nstruction-Agreernentscontracts entered into pursuant <br />to this Master Cooperation Agreement will contain terms and conditions for <br />provision of adequate insurance coverage for the Parties during <br />construction and operation of the Project. Contracts shallrp ovide that the <br />contractor must defend, ndemnify, and save harmless the Parties from all <br />claims suits demands damages, judgments costs, interest, and expenses <br />arising out of or by reason of the performance of the contracted work, <br />caused in whole or in part by any negligent act or omission of the <br />contractor, including negligent acts or omissions of its employees <br />subcontractors or anyone for whose acts any of them may be liable. <br />Contracts shall further provide that the contractor must provide and <br />maintain insurance in amounts and types of coverage appropriate to the <br />contracted work and_naminq the Parties as additional insureds _andprovide <br />to each of the Parties prior to commencement of the contracted work a <br />certificate of insurance evidencing such insurance coverage. <br />D. Employees — All employees of each Party and all persons engaged by each <br />Party in the performance of any work or services required or provided for <br />herein to be performed by each Party shall not be considered employees of <br />any other Party and that any and all claims that may or might arise under <br />the Worker's Compensation Act or the Unemployment Compensation Act of <br />the state of Minnesota on behalf of said employees while so engaged, and <br />any and all claims made by any third parties as a consequence of any act <br />or omission on the part of said employees while so engaged, on any of the <br />work or services provided to be rendered herein, shall in no way be the <br />obligation or responsibility of any other Party. <br />E. Applicable Provisions of Law — The Parties agree to comply with applicable <br />provisions of Minnesota state law, federal law and regulations and of any <br />applicable local ordinances which shall be considered a part of this Master <br />Cooperation Agreement as though fully set forth herein. <br />F. Amendments — Any alterations, variations, modifications, or waivers of <br />provisions of this Master Cooperation Agreement shall only be valid when <br />they have been reduced to writing as an amendment to this Master <br />Cooperation Agreement signed by the parties -Parties hereto. <br />G. Severability — The provisions of this Master Cooperation Agreement shall <br />be deemed severable. If any part of this Master Cooperation Agreement is <br />rendered void, invalid, or unenforceable, such rendering shall not affect the <br />validity and enforceability of the remainder of this Master Cooperation <br />Agreement unless the parts which are void, invalid or otherwise <br />unenforceable shall substantially impair the value of the entire Master <br />Cooperation Agreement with respect to the Parties. One or more waivers <br />by a Party of any provision, term, condition or covenant shall not be <br />construed by the other Parties as a waiver of a subsequent breach of the <br />same by other Parties. <br />H. Governing Law — This Master Cooperation Agreement is entered into in and <br />under the laws of the state of Minnesota and shall be interpreted in <br />accordance therewith. If state or federal laws change during the term of <br />this Master Cooperation Agreement and such change conflicts with or alters <br />a Party's material obligation under any of the provisions of this Master <br />
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