Resolution - #20-194 - 09/08/2020

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LAW 8. The laws of the State of Minnesota shall govern this Agreement. The parties agree that the venue of any legal action arising under this Agreement shall be Anoka County, Minnesota. INDEMNIFICATION 9. CMDC’s Indemnity. To the fullest extent permitted by law, CMDC will indemnify, protect and hold CITY and its assigns and its mortgagees harmless from and against any and all liabilities, claims, demands, losses, damages, costs and expenses (including attorneys' fees) arising out of or relating to the performance of work under this Agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of CMDC, CMDC’s subcontractor(s), or anyone directly or indirectly employed or hired by CMDC, or anyone for whose acts CMDC may be liable. CMDC agrees this indemnity obligation shall survive the completion or termination of this Agreement. CITY’s Indemnity. To the fullest extent of the law, CITY will indemnify, protect and hold CMDC and its employees, consultants or agents harmless from and against any and all liabilities, claims, demands, losses, damages, costs and expenses (including attorneys' fees) arising out of or relating to the gross negligence or willful misconduct of CITY, its agents, contractors or employees. CITY agrees that this indemnity obligation survives the completion or termination. ENTIRE AGREEMENT 10. This Agreement constitutes the entire agreement between the parties. This Agreement may be amended only by written agreement of both the CITY and CMDC. NONDISCRIMINATION 11. When performing duties under this Contract, CMDC shall not discriminate against any person upon the basis age, race, creed, color, religion, gender, sexual orientation, national origin, veteran status, or physical or mental disability. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and the year first written above. RESOLUTION #20-194 Page 8 of 9