Agenda - Council - 10/23/2007 - Laserfiche WebLink

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Blue Cross Blue Shield of Minnesota Contractor Terms and Conditions amount of time spent. Such records shall reflect actual time spent, rather than that which was planned or budgeted. 17. INDEMNITY AND INSURANCE Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The following section applies to governmental entities: ( government entity is a state agency, statewide system or political subdivision as defined in Minnesota Statutes Chapter 13). The liability of the parties shall be governed by the provisions of the Minnesota Municipal Tort Claims Act, Minnesota Statutes Chapter 466 and other applicable law. The following section applies to non - governmental e ntities: In addition to any other insurance requirements set forth in this Agreement, Contractor shall at its own cost and expense, maintain (and cause its subcontractors, if any, to maintain) the following insurance coverage's in full force and effect throughout the Term of this Agreement: 1) Workers' Compensation Insurance, as may be from time to time required under applicable federal laws and the laws of the State(s) or country in which the Services are performed; 2) Employers Liability Insurance, with limits of not less than $500,000 each accident, $500,000 disease - policy limit, and $500,000 disease - each employee; 3) Commercial General Liability Insurance (including contractual liability to cover the indemnity provisions set forth in this Agreement) with limits of not less than $1,000,000 each occurrence (including personal and advertising injury); and 4) Automobile Liability Insurance (including owned, non -owned and hired) with limits of not less than One Million Dollars ($1,000,000) combined single limit. The foregoing insurance coverage's shall contain a provision whereby the insurer agrees to give BCBSM thirty (30) days' written notice before the insurance is canceled or altered in such a way that it no longer satisfies the requirements set forth in this Section 16. The foregoing insurance coverage's (except for the Workers' Compensation Insurance Coverage) shall be written on an occurrence basis and shall name BCBSM as an additional named insured. The Contractor shall fumish current certificates evidencing that the foregoing insurance is being maintained by Contractor. Delivery of a certificate to BCBSM which is not in full compliance with this Agreement shall not be deemed a waiver of the Contractor's obligations. 18. AMENDMENT This Agreement may be amended only by mutual written agreement of the parties. 19. GOVERNING LAw The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the laws of the state of Minnesota, and, to the extent applicable, the laws of the United States of America. 20. DISCLOSURE OF GOVERNMENT DATA All terms of this contract are subject to Contractor's obligations under the Minnesota Government Data Practices Act and any other State of Minnesota or Federal law regulating disclosure of government data. 21. NOTICES Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same be delivered personally or by United States certified mail, postage prepaid, addressed if to BCBSM as follows: Page 5 of 7 -195-