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Attachment A b) Mid America will carry suitable garage liability insurance for the storage facility. c) Mid America will provide the Department, within five business days of the signing of this Agreement and before each renewal of the Agreement, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverage required in Paragraph above. Said certificate will also provide that the coverage may not be canceled, non- renewed, or materially changed without thirty (30) days' written notice to the Department. 16. Damage or Destruction. If the storage facility or any portion thereof is destroyed or damaged so as to hinder its effective use for vehicle storage, the Department may elect to terminate this Agreement upon thirty (30) days' written notice to Mid America. In such event, all rights and obligations of the parties will cease as of the date of the damage or destruction. 17. Emploevees. The owner /operator and employees of Mid America will not be employees of the Department. 18. Background Checks. Mid America agrees to require criminal background checks of all current and prospective employees, and agrees to make reasonable hiring and retention decisions based on the background check results. The Department agrees to conduct the background checks without charge. 19. Indemnification. Mid America will indemnify, defend, and hold harmless the Department and the City of Roseville and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which maybe asserted against or incurred by, which arise from the negligence, willful misconduct, breach of this Agreement, or other fault of or its employees, agents, or subcontractors in the performance of this Agreement. 20. Termination. Except as otherwise provided herein, this Agreement may be terminated as follows: (a) by either party upon a default, which default is not cured within sixty (60) days of receipt of written notice of default to the other party; (b) by Mid America upon 60 days written notice, if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the vehicle storage or for Mid America's business operation; (c) by mutual agreement of the parties. 5