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65642 <br /> <br />or characte~ arising out of or by reason of the contract <br />construction, associated construction engineerin~ and/or <br />maintenance performed by the City hereunder, and shall defend at <br />its own sole cost and expense any action or proceeding commenced <br />for the purpose of asserting any claim of whatsoever character <br />arising as a result of the contract construction, associated <br />construction engineering and/or maintenance performed by the City <br /> <br />hereunder. <br /> <br />Any and all employees of the City and all other persons employed <br />by the City in the performance of any contract construction, <br />construction engineering and/or maintenance required or provided <br />for hereunder by the City shall not be considered employees of <br />the State and thtt any and all claims that may or might arise <br />Under the Worker's Compensation Act of the State of Minnesota on <br />behalf of the employees while so engaged and any and all claims <br />made by any third parties as a consequence of any act or omission <br />on the part of the employees while so engaged on any of the <br />contract construction, construction engineering and/or <br />maintenance to be rendered herein by the City shall in no way be <br />the obligation or responsibility of the State. <br /> <br />-17- <br /> <br /> <br />