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2014_0811_CCpacket
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2014_0811_CCpacket
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8/19/2014 4:02:20 PM
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Provided, however, that this provision does not indemnify a Recipient against liability for <br />damages arising out of the Recipient's failure to abide by reasonable industry and user <br />standards and the reasonable requirements provided by a Provider which include, but are <br />not limited to, procedures, guidelines, and security instructions for proper use, user <br />maintenance, and mandatory user security responsibilities. <br />8.2 <br />Section 8.1 of this Agreement shall include any claim made against a Recipient <br />by an employee of the Provider or subcontractor or agent of the Provider, even if the <br />Provider is thus otherwise immune from liability pursuant to the Minnesota workers' <br />compensation law provided, however, this paragraph does not purport to indemnify the <br />Recipient against the liability for damages arising out of bodily injuries to person <br />caused by, or resulting from, the sole negligence of the Recipient, its elected' officials, <br />officers, employees and agents. <br />8.3 <br />Section 8.1 of this Agreement shall further include any claim made against either <br />party regarding payment of any taxes other than state sales tax on tangible goods. <br />8.4 <br />In the event of litigation between the parties to enforce rights under this section, <br />each party shall bear its own attorney's fees and costs. <br />8.5 <br />Nothing in this Agreement shall constitute a waiver of the statutory limits of <br />liability set forth in Minnesota Statutes Chapter 466 or a waiver of any available <br />immunities or defenses. <br />SECTION 9 - NOTICE <br />9.1 <br />Notices.Except as otherwise provided, any notices to be given under Section 3 of <br />this Agreement or termination of any Task Order shall be in writing and shall, at a <br />minimum, be delivered electronically or postage prepaid and addressed to: <br />City of FridleyCity of Roseville <br />Name: James EricksonName: Terrence Heiser <br />Title:Title: <br />Information Technology ManagerInformation Technology Manager <br />Email: James.Erickson@FridleyMN.gov Email: Terre.Heiser@CityofRoseville.com <br />Address: Address: <br />6431 University Ave., N.E. 2660 Civic Center Drive <br />Fridley, MN 55432 Roseville, MN 55113 <br /> <br />
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