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00115750.DOC / v. 1 4 All required insurance shall be maintained with responsible insurance carriers qualified to do business in the State of Minnesota. Before commencing any performance hereunder, KDP shall deposit with City the original policies of insurance, or certificates therefor. The workers’ compensation and employers liability and disability insurance described above hereof shall be kept in force until final payment for the KDP ROW Work is made by KDP. KDP shall also carry or cause to be carried comprehensive general liability insurance in amounts to be determined by KDP against claims for personal injury or property damage arising out of or in connection with the KDP ROW Work, and naming the City, if possible, as an additional insured. 8. Severability. If this Agreement contains any unlawful provisions not an essential part of the Agreement and which appear not to have been a controlling or material inducement to the making thereof, the same shall be deemed to be of no effect, and shall upon the application of either party be stricken from the Agreement without affecting the binding force of the Agreement as it shall remain after omitting such provisions. 9. Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 10. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. Executed copies hereof may be delivered by facsimile or as an attachment to electronic mail in Adobe Systems, Inc. Portable Document Format (PDF) or other graphic file type and upon receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals are delivered thereafter. 11. Authority. Each person whose signature is affixed hereto represents and warrants that such person is authorized to execute this Agreement on behalf of and to bind the entity on whose behalf such person's signature is affixed. [balance of page is blank]