Laserfiche WebLink
PART) ANY SUCH ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF <br />EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY <br />PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT, THE <br />SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE <br />OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE CONSERVATION <br />AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL.STATUTE. <br />13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE <br />EXTENT LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE <br />OR. WILLFUL MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL <br />OTHER LIABILITIES, INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY <br />OTHER ALLEGED OR ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT <br />LIABILITY OF ANY INDEMNITEE. <br />116 Upon written notice from Licensor, Licensee agrees to. assume the defense of any lawsuit <br />or other proceeding brought against any Indemnitee by any entity, relating to any matter <br />covered by this :License for which Licensee has an obligation to assume liability for andlor <br />save. and hold harmless any Indemnitee. Licensee shall pay all costs and expenses <br />incident to such defense, including, but not limited to, reasonableattorneys' fees, <br />investigators' fees, Iitigation;and appeal expenses, settlementpayni6rits, and amburits paid <br />in satisfaction of judgments. <br />14, Personal Property Risk of Loss. The pipe will be at the risk of the Licensee only and no <br />indemnitee will be.liable for any damage thereto whether or not due in whole or in part to <br />the negligence of any indemnitee. <br />15. 1nsurance. Licensee shall, at its sole cost. and expense, procure and maintain du ring. the term of <br />this License the following insurance coverage: Coverage will be provided through the: League of <br />Minnesota Cities Insurance Trust. <br />>� Licensee declines.to participate in Licensor's Blanket Policy. <br />15.5 Intentionally Deleted. <br />15.6 Other Re uirements: <br />15;6.1 Where allowable by law, no exclusion for punitive damages may be included in <br />any policy. <br />15.6.2. Licensee agrees to waive its right of recovery ac <br />jainat Licensor for all claims and <br />suits against Licensor. In addition, Licensee's insurers, through the terms QUthe <br />.policy or policy endorsement, waive their right of subrogation against Licensor far <br />all claims and suits. Licensee further waives its right of recovery, and its insurers <br />also waive their right of subrogation against Licensor for loss of Licensee's owned <br />or leased property or property under Licensee's care, custody; or control. <br />15.6.3 Allocated. Loss. Expense;: including but not limited. to defense: costs -and expenses, <br />will -be in addition to all.policy limits for coverage under the insurance requirements. <br />15.6.6 Licensee.shall notify Licensor in writing at least 30 days prior to any cancellation, <br />non=renewal,..substitution or material -alteration of any insurance requirement. <br />5' Form 424; Rev. 20,190916 <br />