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III. MISCELLANEOUS
<br />1. The parties agree that should inclement weather prevent the fireworks display from
<br />occurring on July 4, 2015, the Contractor shall be entitled to a fee charge of $
<br />In the event of a cancellation for inclement weather, the %reworks display will be
<br />rescheduled to, a mutually agreed upon date within twelve (12) months.
<br />2. It is agreed that nothing herein contained is intended or should be construed in any
<br />manner as creating or establishing the relationship of co-partners between the patties
<br />hereto or as constituting the Contractor staff as the agents, representatives or employees
<br />of the City for any purpose in any manner whatsoever. The contractor and its staff are to
<br />be and shall remain an independent contractor with respect to all services performed
<br />under this Agreement. The Contractor represents that it has, or will secure at its own
<br />expense, any and all personnel 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 Agreement, shall not be considered employees of the City, and any
<br />and all claims that might arise under the Workers' Compensation Act of the State of
<br />Minnesota on behalf of said personnel or other persons while so engaged, and any and all
<br />claims whatsoever on behalf of any such person or personnel arising out of employment
<br />or alleged employment including, without limitation, claims of discrimination against the
<br />Contractor, its officers, agents, contractors or employees shall in no way be the
<br />responsibility of the City, and the Contractor shall defend, indemnify and hold the City,
<br />its officers, agents and employees harmless from any and all such claims regardless of
<br />nay determination of any pertinent tribunal, agency, board, commissions or court. Such
<br />personnel or other persons shall not require nor be entitled to any compensation, rights or
<br />benefits of any kind whatsoever from �the City, including, without limitation, tenure
<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 harmless the City, its officials,
<br />employees and agents, from any and all claims causes of actions, lawsuits, 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 under
<br />this Agreement.
<br />4. Any amendments to this Agreement shall be in writing and executed by the patties in the
<br />same manner as this Agreement. �
<br />5. This Agreement shall be interpreted under the laws of the State of Minnesota.
<br />6. The parties mutually and severally guarantee the terms, conditions, and payments of the
<br />Agreement which shall be binding upon the parties, heirs executors, administrators,
<br />successors and assigns.
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