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15. Compliance with Laws and Regulations. The Consultant shall abide with all applicable federal,
<br />state and local laws, statutes, ordinances, rules and regulations in the performance of the Work.
<br />The Consultant and City, together with their respective agents and employees, agree to abide
<br />by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
<br />amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation by the
<br />Consultant of statutes, ordinances, rules and regulations pertaining to the Work to be performed
<br />shall constitute a material breach of this Agreement and entitle the City to immediately terminate
<br />this Agreement.
<br />16. Waiver Any waiver by either party of a breach of any provisions of this Agreement shal] not affect,
<br />in any respect, the validity of the remainder of this Agreement or either parties ability to enforce
<br />a subsequent breach.
<br />17.Indemnification. To the fullest extent permitted by law, the Consultant agrees to defend, indemnify
<br />and hold the City, and its mayor, council members, officers, agents, employees and representatives
<br />harmless from and against all liability, claims, damages, costs, judgments, losses and expenses,
<br />including but not limited to reasonable attorney's fees, arising out of or resulting from any act or
<br />omission of the Consultant, its officers, agents, employees, contractors and/or subcontractors or any
<br />other person or entity for whom the Consultant is legally liable pertaining to the execution,
<br />performance or failure to adequately perform the Work and/or its obligations under this Agreement.
<br />18.Insurance.
<br />A. General Liability. Prior to starting the Work and during the full term of this Agreement,
<br />the Consultant shall procure, maintain and pay for such insurance as will protect against
<br />claims for bodily injury or death, and for damage to property, including loss of use, which
<br />may arise out of operations by the Consultant or by any subcontractar of the Consultant,
<br />or by anyone employed by any of them, or by anyone for whose acts any of them may
<br />be liable. Such insurance shall include, but not be limited to, minimum coverages and
<br />limits of liability specified in this Provision 18 or such greater coverages and amounts as
<br />are required by law. EXcept as otherwise stated below, the policies shall name the City as
<br />an additional insured for the Work provided under this Agreement and shall provide that the
<br />Consultant's coverage shall be primary and noncontributory in the event of a loss.
<br />B. The Consultant shall procure and maintain the following minimum insurance coverages
<br />and limits of liability with respect to the Work:
<br />Warker's Compensation: Statutory Limits Commercial
<br />General Liability:$1,000,000 per occurrence
<br />$1,000,000 general aggregate
<br />$1,000,000 products — completed operations
<br />aggregate
<br />$5,000 medical
<br />Comprehensive Automobile
<br />Liability:
<br />expense
<br />$1,000,000 combined single limit (shall
<br />include coverage for all owned, hired and
<br />non-owed vehicles.
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