Agenda - Council - 09/12/2023 - Laserfiche WebLink

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agents and insurers from any and all claims, damages, or liability. 9. Nuisances Prohibited. User agrees that use of the Highway Properties is limited to firefighter training (no live burn) and will not occupy or use any portion of the Highway Properties for any business or purpose which is unlawful, disreputable, or deemed to be extra hazardous on account of fire or other hazard or permit anything to be done which would in any way increase the rate of insurance coverage on the Highway Properties or its contents beyond its intended purpose. 10. Indemnification. User shall defend, indemnify, and hold harmless the Owner, its Partnering Entities and their respective officials, employees, agents, and insurers from any liabilities, judgments, losses, costs, or charges (including attorney's fees) incurred by the Owner, its Partnering Entities and their respective officials, employees, agents and insurers as a result of any claim, demand, action or suit relating to any bodily injury (including death), loss or property damage caused by, arising out of, related to or associated with the use of the Highway Properties by User or by User's officials, employees, volunteers and members. 11. Authorized Representative. User shall have one or more authorized representatives, as determined by the Owner, on site at all times while using the Highway Properties to supervise the activities of its officials, employees, volunteers and members. 12. No Waiver. Nothing in this Agreement is intended or should be construed in any manner as a waiver of the County's immunities or tort limits contained in Minnesota Statutes chapter 466. 13. Non -Exclusive Use; Assignment. Use of the Highway Properties by User is not exclusive. This Agreement may not be assigned, transferred or substituted. 14. Waiver of Covenants. Failure by the Owner to insist, in any one or more instances, upon strict performance of any term, covenant, or condition of this Agreement or to exercise any option contained in this Agreement shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition, or option, but the same shall continue and remain in full force and effect. The Owner and the User shall not be deemed to have waived any provision of this Agreement until expressed in a signed writing. 15. Assignment. User may not assign its rights or obligations under this Agreement without the prior written consent of the Owner. 16. Binding Agreement. All of the covenants, conditions and agreements in this Agreement shall extend to, be binding upon, and inure to the benefit of the Owner and the user and their respective permitted successors and assigns. 17. Survival. If any term or provision in this Agreement is deemed invalid or unenforceable by any recognized tribunal, including a certified mediator, arbitrator, or court of competent jurisdiction, the remainder of this Agreement shall be valid and enforceable to