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together with their respective agents and employees,agree to abide by the provisions of the Minnesota Data
<br /> Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to
<br /> Chapter 13. Any violation by the Consultant of statutes, ordinances, rules and regulations pertaining to the
<br /> Work to be performed shall constitute a material breach of this Agreement and entitle the City to
<br /> immediately terminate this Agreement.
<br /> 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any
<br /> respect, the validity of the remainder of this Agreement or either parties ability to enforce a subsequent
<br /> breach.
<br /> 17. Indemnification. The Consultant agrees to defend, indemnify and hold the City, and its mayor, council
<br /> members, officers, agents, employees and representatives harmless from and against all liability, claims,
<br /> damages, costs, judgments, losses and expenses, including but not limited to reasonable attorney's fees,
<br /> arising out of or resulting from any act or omission of the Consultant, its officers, agents, employees,
<br /> contractors and/or subcontractors pertaining to the execution, performance or failure to adequately perform
<br /> the Work and/or its obligations under this Agreement.
<br /> 18. Insurance.
<br /> A. General Liability. Prior to starting the Work and during the full term of this Agreement, the
<br /> Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily
<br /> injury or death, and for damage to property,including loss of use, which may arise out of operations by
<br /> the Consultant or by any subcontractor of the Consultant, or by anyone employed by any of them, or
<br /> by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited
<br /> to, minimum coverages and limits of liability specified in this Provision 18 or such greater coverages
<br /> and amounts as are required by law. Except as otherwise stated below,the policies shall name the City
<br /> as an additional insured for the Work provided under this Agreement and shall provide that the
<br /> Consultant's coverage shall be primary and noncontributory in the event of a loss.
<br /> B. The Consultant shall procure and maintain the following minimum insurance coverages and limits of
<br /> liability with respect to the Work:
<br /> Worker's Compensation: Statutory Limits
<br /> Commercial General Liability: $1,000,000 per occurrence
<br /> $1,000,000 general aggregate
<br /> $1,000,000 products—completed operations
<br /> aggregate
<br /> $5,000 medical expense
<br /> Comprehensive Automobile
<br /> Liability: $1,000,000 combined single limit(shall include
<br /> coverage for all owned,hired and non-owed
<br /> vehicles.
<br /> C. The Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001,
<br /> and shall include the following:
<br /> (i) Personal injury with Employment Exclusion(if any)deleted;
<br /> (ii) Broad Form Contractual Liability coverage; and
<br /> (iii) Broad Form Property Damage coverage,including Completed Operations.
<br /> D. During the entire term of this Agreement, and for such period of time thereafter as is necessary to
<br /> provide coverage until all relevant statutes of limitations pertaining to the Work have expired, the
<br /> Consultant shall procure, maintain and pay for professional liability insurance, satisfactory to the City,
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