Agenda - Council - 09/27/2011 - Laserfiche WebLink

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C. Insurance — The various property transfer agreements and contracts entered into pursuant to this Master Cooperation Agreement will contain terms and conditions for provision of adequate insurance coverage for the Parties during construction and operation of the Project. Contracts shall provide that the contractor must defend, indemnify, and save harmless the Parties from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. Contracts shall further provide that the contractor must provide and maintain insurance in amounts and types of coverage appropriate to the contracted work and naming the Parties as additional insureds, and provide to each of the Parties prior to commencement of the contracted work a certificate of insurance evidencing such insurance coverage. D. Employees — All employees of each Party and all persons engaged by each Party in the performance of any work or services required or provided for herein to be performed by each Party shall not be considered employees of any other Party and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the state of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of any other Party. E. Applicable Provisions of Law — The Parties agree to comply with applicable provisions of Minnesota state law, federal law and regulations and of any applicable local ordinances which shall be considered a part of this Master Cooperation Agreement as though fully set forth herein. F. Amendments — Any alterations, variations, modifications, or waivers of provisions of this Master Cooperation Agreement shall only be valid when they have been reduced to writing as an amendment to this Master Cooperation Agreement signed by the Parties hereto. AMEN G. Severabilitv — The provisions of this Master Cooperation Agreement shall be deemed severable. If any part of this Master Cooperation Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Master Cooperation Agreement unless the parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Master Cooperation Agreement with respect to the Parties. One or more waivers by a Party of any provision, term, condition or covenant shall not be construed by the other Parties as a waiver of a subsequent breach of the same by other Parties. H. Governina Law — This Master Cooperation Agreement is entered into in and under the laws of the state of Minnesota and shall be interpreted in accordance therewith. If state or federal laws change during the term of this Master Cooperation Agreement and such change conflicts with or alters a Party's material obligation under any of the provisions of this Master Cooperation Agreement, the Parties agree to amend this Master Cooperation Agreement to conform with said laws. I. Notices — Any notice or demand, which may or must be given or made by a Party hereto, under the terms of this Master Cooperation Agreement or any statute or ordinance, shall be 8