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<br />7 <br />claims, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or resulting <br />from performance of the Contractor’s work, provided that such claim, damage, loss or expense is <br />attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible <br />property, other than the work itself, but only to the extent caused by the negligent or wrongful acts or <br />omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or <br />anyone for whose acts they may be liable. <br /> <br />16. WAIVER. In the particular event that either party shall at any time or times waive <br />any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any <br />succeeding breach of this Contract by either party, whether of the same or any other covenant, <br />condition, or obligation. <br /> <br />17. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation <br />of this Contract. <br /> <br />18. SEVERABILITY. If any provision, term, or condition of this Contract is found to <br />be or become unenforceable or invalid, it shall not affect the remaining provisions, terms, and <br />conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders <br />this Contract impossible to perform. Such remaining terms and conditions of the Contract shall <br />continue in full force and effect and shall continue to operate as the parties' entire contract. <br /> <br />19. ENTIRE AGREEMENT. This Contract represents the entire agreement of the <br />parties and is a final, complete, and all-inclusive statement of the terms thereof, and supersedes and <br />terminates any prior agreement(s), understandings, or written or verbal representations made between <br />the parties with respect thereto. <br /> <br />CITY: CONTRACTOR: <br />CITY OF <br /> <br /> <br />By: By: <br /> , Mayor print name] <br />Its [title] <br /> <br />By: <br /> , City Manager/Administrator/Clerk