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Public Works Director and City Engineer
<br />City of Arden Hills
<br />1245 West Highway 96
<br />Arden Hills, MN 55112
<br />dsweaiiiigeii@cityofardeiillills.org
<br />4. Enfor,ugipent I'At#,; Any party(ies) hereto sliall have die right to enforce the
<br />provisions of dn's Agreement against die other party(ies) by a proceeding at law or In equity. In any
<br />such action at law ori) eWuity to enforce or construe arly provisions or nalits u 4.er du
<br />Ine unsuccesstul partykies) to sucli gation, as determined by the court in a linaliudgment. or decree—,
<br />shall pay die successful party(ies) all costs, expenses, and reasonable attomeys'fees ilicurred diereill
<br />by such successful party(ies) (includmg, without limitation, such costs, expenses, and fees on any
<br />appeals), and if such successful party(ies) shall recover Judgment 11i any such action or proceedmg,
<br />such costs, expeuses, mid attomeys'fees shall be ilicluded as part of suclijudgment.
<br />5. Warranties And R ,4eTj wntatiq4s.. KDP covenants, warrants and represents diat: (a)
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<br />such assigument, employment mid use; and (c) KDP possesses die necessary personnel, skills,
<br />experience, and technical and financial resources to undertake die performance of the services and
<br />obligations of KDP required liereiii.
<br />6. IndeMpk. KDP shall be liable to and hereby agrees to protect, defend, judermlify
<br />mid hold harmless CiN aii auL., emplo es. officers or affiliate
<br />all claims, loss, expense, liability, actiori or damage (includmg reasonable attorneys' fees mid other
<br />costs of deleudilig any of the foregoilig) arismg or resulting from any fraud, willful misconduct, or
<br />grossly negligent omission or performance by KDP, or any partner, officer, shareholder, employee
<br />110A-6
<br />MWMJN
<br />7. Insurance. In the event KDP performs the KDP ROW Work, shall carry,
<br />workers' compensation mid employers liability insurance iii such amount of not less dimi $500,000
<br />per occurrence. In addition, KDP shall require all desigii, architectural and crigineening
<br />professionals to mmitain professional liability insurance with a limit of liability not less thari
<br />1,000,000 insurmg such • mid any officer, director, stockholder, employee, consultant
<br />to or partner of such professional, and all other persons for whose acts such professional may be
<br />liable, against any mid all liabilities arisilig out. of or in comiection with (lie negligent acts, errors or
<br />ormssions of miy die foregoing in connection lAith the carrying out of their professional
<br />responsibilities with regard to die KDP ROW Work. Such policies sliajl provide that the msuraiice
<br />against KDP and/or the City in connection with die KDP ROW Work, even if such suit is
<br />groundless, lalse or fraudulent. Notwidistandilig the foregolug, KDP sliall have the right to engage
<br />its owu attorneys for the purpose of defendmg any suit or proceedilig against it or ;my officer, agent
<br />or employee thereof
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