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Irl. MISCELL�ous
<br />1. The parties ag�•ee that should inclement weather prevent the fireworks display fram
<br />occurring on Juiy 4, 2014, the Contracior shall be entitled to a fee charge of $
<br />In the event of a cancellation for inclernent weather, the fireworks displaq will be
<br />rescheduled to , a mutually agreed upon date within twelve {12)
<br />months,
<br />2. It is agreed that nothing herein contained is intended or should be canstrued in any
<br />manner as creating or establishing the relationship of co-parkners between the parties
<br />hereto or as co�stituting the Contractor staff as the agents, representatives or employees
<br />of the City for any purpose in an� tnanner whatsoever. The contractor and its staff are to
<br />be and shali remain an independet�t contractor witl� respect to all services performed
<br />under this Agreement. The Contractor represents that it has, or wi11 secure at its own
<br />expense, any and all persannel required in performing services under this Agreement.
<br />Personnel, while engaged in the performance of any work or services required by the
<br />Contractor under this Agreament, shali not be considered employees of �he City, and any
<br />and aIl claims that might arise under the ViTorkers' Com��nsation Act of the State of
<br />Minnesota on behalf of said personnel or other persons while so engaged, and any and all
<br />claims whatsaever on behalf of any such person or �crsonnel arising out af employrncnt
<br />ar alleged employment including, witi�out Iimitation, claims of discrimination against the
<br />Contractor, its officers, agents, contractors or emplayees shall in no way be the
<br />responsibility of the City, and the Contractar shall defend, indemnify and hold the City,
<br />its offcers, agents and employees harmless fi•om any and all such claims regardless of
<br />nay detennination of any pertinent tribunal, agency, board, com�nissions or court. Such
<br />personnel or other persons shalI i�oi reql�ire nor be entitled to any compensation, rights or
<br />benefits of any kind whatsoever from the City, including, without limitatian, t�nure
<br />rights, medical and hospital care, sick leave, Workers' Compensation, Unemployment
<br />Compensation, disability, severance pay and PERA.
<br />3. The Contractor shall defend, indemnify and old haz�nless the Ciry, its offici�ls,
<br />employees and agenis, from any and a11 clainas causes of actions, Iawsuits, damages,
<br />losses or expenses, including attorney's fees, arising out of or resUlting from the
<br />contractor's (including its officials, employees or agents) performance of the duties nnder
<br />�Izis Agreement.
<br />4. Any amendments ta this Agreement shali he in un•iting and executed by the parties in the
<br />same manner as this Agreement.
<br />5. This Agreernei7t shall be intei�reted under the laws of the State af Mii�_riesota.
<br />6. The parties mutually and severally guarantee the tet-ms, conditions, and payments of the
<br />Agreement which shall be binding upon the parties, heirs executors, admivistrators,
<br />successors and assigns.
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