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7 <br /> <br />extent prohibited by law, this indemnity applies regardless of any strict liability or <br />negligence attributable to the Cit y (including sole negligence) and regardless of the <br />extent to which the underlying occurrence (i.e., the event giving rise to a claim which <br />would have been covered by the specified insurance) is attributable to the negligent or <br />otherwise wrongful act or omission (including breach of contract) of Contractor , its <br />contractors, subcontractors , agents, employees or delegates. Contractor agrees that <br />this indemnity shall be construed and applied in favor of indemnification. Contractor <br />also agrees that if applicable law limits or precludes any aspect of this indemnity, <br />then the indemnity will be considered limited only to the extent necessary to comply <br />with that applicable law. The stated indemnity continues until all applicable statutes <br />of limitation have run. <br /> <br />19. O wnership of Documents. All plans, diagrams, analysis , reports and information <br />generated in connection with the performance of this Agreement (“Information”) shall <br />become the property of the City, but the Contractor may retain copies of such documents <br />as r ecords of the services provided. The City may use the Information for any reasons it <br />deems appropriate without being liable to the Contractor for such use . The Contractor <br />shall not use or disclose the Information for purposes other than performing the W ork <br />contemplated by this Agreement without the prior consent of the City. <br /> <br />20. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or <br />related to this Agreement or the relationships which result from this Agreement shall be <br />subject t o mediation as a condition precedent to initiating arbitration or legal or equitable <br />actions by either party. Unless the parties agree otherwise, the mediation shall be in <br />accordance with the Commercial Mediation Procedures of the American Arbitration <br />Asso ciation then currently in effect. A request for mediation shall be filed in writing with <br />the American Arbitration Association and the other party. No arbitration or legal or <br />equitable action may be instituted for a period of 90 days from the filing of the request <br />for mediation unless a longer period of time is provided by agreement of the parties. <br />Cost of mediation shall be shared equally between the parties. Mediation shall be held in <br />the City of Roseville unless another location is mutually agreed upon b y the parties. The <br />parties shall memorialize any agreement resulting from the mediation in a Mediated <br />Settlement Agreement, which Agreement shall be enforceable as a settlement in any <br />court having jurisdiction thereof. <br /> <br />21. Conflicts. No salaried officer or employee of the City and no member of the Council of <br />the City shall have a financial interest, direct or indirect, in this Agreement. The violation <br />of this provision shall render this Agreement void. <br /> <br />22. Governing Law. This Agreement shall be controlled by the laws of the State of <br />Minnesota. <br /> <br />23. Co u nterparts. This Agreement may be executed in multiple counterparts, each of which <br />shall be considered an original. <br />