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JOINT SERVICES AGREEMENT BETWEEN THE TOWN OF WHITE BEAR AND THE CITY OF GEM LAKE Page 5 of 6 VII. INDEMNIFICATION At all times during the term, including any renewal term, the Town shall keep in full force and effect a policy or policies of liability insurance with respect to the personnel and services described in this Agreement, with companies licensed to do business in the State of Minnesota. The Town shall name the City as an additional named insured and shall provide adequate coverage under reasonable limits of liability of not less than the statutory limits for municipalities. The Town agrees to hold the City harmless and agrees to defend and indemnify the City for any claims related to its responsibilities under this agreement. Under no circumstances, however, shall the City or the Town be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 for any one party. VIII. FORCE MAJEURE AND OWNERSHIP OF MATERIALS A. Force Majeure. Neither party shall be liable for any loss, damage, claim, demand or other liability arising out of the delay or interruption of the performance of his obligations under the Agreement due to any act of God, act of any governmental authority, act of public enemy, or due to war, flood, riot, civil commotion, insurrection, severe weather conditions or any other cause beyond the reasonable control of either party. B. Ownership of Materials. City shall retain ownership and control of all government data collected on behalf of the City during the course of this Agreement, including but not limited to applications, licenses, permits, reports, agendas, minutes, publications, forms, budgets, financial statements, ordinances, resolutions, or other municipal document required to be maintained in accordance with State law. The City and the Town may use any template, form, design, plan or similar document or item designed during the term of this Agreement for later use. IX. MERGER, SEVERABILITY, GOVERNING LAW A. Merger; Amendment. This Agreement, including an Appendix A, constitutes the entire agreement between the parties, and supersedes any and all prior or contemporaneous communications between the parties, written or oral, relating to the subject matter of the Agreement. The parties may amend or modify this Agreement only in writing signed by both parties observing the same formalities as done when signing this Agreement. B. Severability. The provisions of this Agreement shall be deemed severable, and the unenforceability of any one or more of its provisions shall not affect the enforceability of any other provisions. J