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4. Agreement as to License Terms. Shingobee has read and shall comply with all of <br />the conditions contained within the Pipeline License that is used by BNSF to the City up and <br />through final completion and acceptance of the project. The City will be solely responsible for <br />all of the requirements of the Pipelirie LiCense after the completion and acceptance of the <br />project. <br /> <br /> 5. Independent Contractor Status. Shingobee is to be and shall remain an. <br />independent 'contraCtor with respect to any and all work'performed on the Pipeline' pursuant to <br />the Pipeline License. <br /> <br /> It is agreed that nothing herein contained is intended or should be construed in any <br />manner as creating or establishing the relationship of agents, partners, joint venturers or <br />associates between the parties hereto or _as constitUting Shingobee as the employee of the City for. <br />any purpose or in any manner whatsOever. <br /> <br /> 6. Indemnification. Any and ail claims that arise or may arise against Shingobee, its <br />agents, servants or employees as a con~quence of any act or omission on the part of Shingobee <br />or its agents, servants, or employees while engaged in the performance of the Pipeline <br />construction shall in no way be the obligation or responsibility of the City. Shingobee'shall <br />indemnify, hold harmless and defend the City, its officers and employees against any and all <br />liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the <br />City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of <br />or by reason of any act or omission of Shingobee, its agents, servants or employees, in the <br />execution, performance, or failure to adequately perform Shingobee's obligations pursuant to <br />the Pipeline construction and/or the requirements of the Pipeline License. <br /> <br /> 7. Insurance Requirement. Shingobee agrees, that in order to protect itSelf and the <br />City under the indemnity provisions Set forth above, it will at all times until the Pipeline <br />construction has been accepted by the City keep in force policies of insurance in the minimum <br />amounts of $1,000,000 per odcurence,r Shingobee shall not commence work on the Pipeline <br />until a Certificate of Insurance coverin~ the insurance required by this Agreement is approved <br />and a Notice to Proceed has been issued bythe City's Principal City Engineer. <br /> <br />SHINGOBEE BUILDERS, INC., <br />a Minnesota corporation <br />B Y: ~//i~'ts..~'/~ <br /> <br />CITY OF RAMSEY, a Minnesota <br />municipal corpOration <br /> <br />By: <br /> <br />Its: Mayor <br /> <br />[ts: <br /> <br />By:. <br /> <br />Its: City Administrator <br /> <br />'2 <br /> <br /> <br />