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flagman required by the Pipeline construction. <br /> <br /> 4. Agreement as to License Terms. RTCLLC has read and shall comply with all of the <br />conditions contained within the Pipeline License that is used by BNSF to the City up and ttzrough <br />final completion and acceptance 6fthe project. The City will be solely responsible for all of the <br />requirements of the Pipeline License after the completion and acceptance of the project. <br /> <br /> 5. Independent Contractor Status, RTCLLC is to be and shall remain an independent <br />contractor with respect to any and all work performed on the Pipeline pursuant to the Pipeline <br />License. <br /> <br />It is agreed that nothing herein contained is intended or should be construed in any maimer as <br />creating or establishing the relationship of agents, partners, joint venturers or associates between <br />the parties hereto or as constituting RTCLLC as the employee of the City for any purpose or in <br />any manner whatsoever. <br /> <br /> 6. Indemnification. Any and all claims that arise or may arise against RTCLLC, its <br />agents, servants or employees as consequence of any act or omission on the part of RTCLLC <br />construction shall in no way be the obligation or responsibility of the City. RTCLLC 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 or <br />by reason of any act or oinission of RTCLLC, its agents, servants or employees, in the execution, <br />performance, or failure to adequately perforn~ RTCLLC obligation pursuant to the Pipeline <br />construction and/or the requirements of the Pipeline License. <br /> <br /> 7. Insurance Requirement. RTCLLC agrees, that in order to protect itself and the City <br />under the indemnity provisions set forth above, it will at all times until the Pipeline construction <br />has been accepted by the City keep in force policies of insurance in the minimum amounts of <br />$1,000,000 per occurrence. RTCLLC shall not commence work on the Pipeline until a <br />Certificate of Insurance covering the insurance required by this Agreement is approved and a <br />Notice to Proceed has been issued by the City's Principal City Engineer. <br /> <br />RAMSEY TOWN CENTER, LLC, <br />a Minnesota Limited Liability Corporation <br /> <br />CITY OF RAMSEY, a Minnesota <br />Municipal Corporation <br /> <br />By: By: <br /> <br />Its: Its: Mayor <br /> <br />By: <br />Its: <br /> <br />By: <br /> <br />Its: City Administrator <br /> <br />-328- <br /> <br /> <br />