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<br />of hazardous substances or pollutants and contaminants at the Site or to the implementation of <br /> <br />this Agreement despite any document retention policy to the contrary, <br /> <br />XI. LIABILITY <br /> <br />Each party shall be responsible for its acts or omissions in carrying out its obligations <br /> <br />under this Agreement in accordance with the provisions and limitations of the Municipal Tort <br /> <br />Claims Act, Minn. Stat. 9466.01 et seq. and the State Tort Claims Act, Minn. Stat. 993,732 et <br /> <br />seq. <br /> <br />XII. OTHER APPLICABLE LAWS <br /> <br />All actions required to be taken pursuant to this Agreement shall be undel1aken in <br /> <br />accordance with the requirements of all applicable local, state, and federal laws, regulations, and <br /> <br />orders. If there is a conflict in the application of federal, state, or local laws or regulations, the <br /> <br />most stringent of the conflicting provisions shall apply. <br /> <br />XIII. RECOVERY OF EXPENSES <br /> <br />The City agrees to pay the MPCA for the MPCA's costs, as detel111ined by the <br /> <br />Commissioner, of providing assistance and oversight under this Agreement pursuant to <br /> <br />Minn. Stat. 9 1158. I 7, subd. 14 (2000), Within thirty (30) days following receipt of the <br /> <br /> <br />Commissioner's reimbursement statement, the City shall pay the required sum into the <br /> <br /> <br />Environmental Response, Compensation and Compliance Account of the State Treasury of the <br /> <br />State of Minnesota by check payable to the Minnesota Pollution Control Agency. <br /> <br />XIV. ENFORCEABILITY <br /> <br />The tenns of this Agreement shall be legally enforceable by either party in a court <br /> <br />of appropriate jurisdiction. <br /> <br />XV. AMENDMENT OF AGREEMENT <br /> <br />Doell 1766546\2 <br /> <br />10 <br />