|
<br />Section 6.12 Liability. The Public Entity and the State Entity agree that they will,
<br />subject to any indemnifications provided herein, be responsible for their own acts and the results
<br />thereof to the extent auth0l1zed by law, and they shall not be responsible for the acts of the other
<br />party and the results thereof. The liability of both the State Entity and the Commissioner of
<br />Finance is governed by the provisions contained in Minn. Stat. ~ 3.736 that exists as of the date
<br />of this Agreement and as such may subsequently be amended, modified or replaced from time to
<br />time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the
<br />Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be
<br />amended, modified or replaced from time to time, then the liability of the Public Entity is
<br />governed by the provisions contained in such Chapter 466.
<br />
<br />Section 6.13 Indemnification by the Public Entity. The Public Entity shall bear all
<br />loss, expense (including attomeys' fees), and damage in connection with the completion of the
<br />Project or operation of the Real Property and, if applicable, the Facility, and agrees to indemnify
<br />and hold harmless the State Entity, its agents, servants and employees from all claims, demands
<br />and judgments made or recovered against the State Entity, its agents, servants and employees,
<br />because of bodily injuries, including death at any time resulting therefrom, or because of
<br />damages to property of the State Entity or others (including loss of use) from any cause
<br />whatsoever, arising out of, incidental to, or in connection with the completion of the Project or
<br />operation of the Real Property and, if applicable, the Facility, whether or not due to any act of
<br />omission or commission, including negligence of the Public Entity or any Contractor or his or
<br />their employees, servants or agents, and whether or not due to any act of omission or commission
<br />(excluding, however, negligence or breach of statutory duty) of the State Entity, its employees,
<br />servants or agents.
<br />
<br />The Public Entity further agrees to indemnify, save, and hold the State Entity, the
<br />Commissioner of Finance, and the State of Minnesota, their agents and employees, harmless
<br />from all claims arising out of, resulting from, or in any manner attributable to any violation by
<br />the Public Entity, its officers, employees, or agents, or by any Usee, its officers, employees, or
<br />agents, of any provision of the Minnesota Govemment Data Practices Act, including legal fees
<br />and disbursements paid or incurred to enforce the provisions contained in Section 6.06.
<br />
<br />The Public Entity's liability hereunder shall not be limited to the extent of insurance carried
<br />by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance
<br />policy.
<br />
<br />Section 6.14 Relationship of the Parties. Nothing contained in this Agreement is
<br />intended or should be construed in any manner as creating or establishing the relationship of co-
<br />partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of
<br />Finance, nor shall the Public Entity be considered or deemed to be an agent, representative, or
<br />employee of either the State Entity, the Commissioner of Finance, or the State of Minnesota in
<br />the performance of this Agreement, the completion of the Project, or operation of the Real
<br />Property and, if applicable, the Facility.
<br />
<br />The Public Entity represents that it has already or will secure or cause to be secured all
<br />personnel required for the performance of this Agreement and the completion of the Proj ect and
<br />the operation and maintenance of the Real Property and, if applicable, the Facility. All personnel
<br />of the Public Entity or other persons while engaging in the performance of this Agreement, the
<br />completion of the Project, or the operation and maintenance of the Real Property and, if
<br />
<br />City of CenterviIle City Park
<br />9/11/2006
<br />
<br />21
<br />
<br />1/
<br />
|