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Item 8h: Attachment
<br />because of dama�es to property of the State Entity, the Cotninissioner of MMB, or the State of
<br />Nlinnesota, or others (includin� loss of use) from any cause �vhatsoever, arisin� out of, incidental
<br />to, or in connection with the Project or operation of the Real Property and, if applicable, Facility,
<br />whether or not due to any act of omission or commission, includin; ne�ligence of the Public
<br />Entity or any contractor or his or their employees, seivants or a�ents, and whether or not due to
<br />any act of omission or commission (excludin�, however, negligence or breach of statutory duty)
<br />of the State Entity, the Commissioner of MVIB, or the State of Minnesota, their employees,
<br />servants or a�ents.
<br />The Public Entity further a�rees to indemnify, save, and hold the State Entiry, the
<br />Commissioner of MNIB, and the State of tilinriesota, their a�ents and employees, harmless from
<br />all claims arisin� out of, resulting fr-om, or in any manner attributable to any violation by the
<br />Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees,
<br />or a�ents, of any provision of the Minnesota Government Data Practices Act, includin; 1e�al fees
<br />and disbursements paid or incurred to enforce the provisions contained in Section 7.06.
<br />The Public Entiry°s liability hereunder shall not be limited to the eYtent of insurance carried
<br />by or provided by the Public Entity, or subject to any exclusions from covera�e in any insurance
<br />policy.
<br />Section 7.14 Relationship of the Parties. Nothin� containeci in this A�reement is
<br />int�nded or should be constnied in any manner as creaCin� or establishin� the relationship of co-
<br />partnars or a joint venture bettiveen the Public Entiry, the Statz Entity. or the Cotnmissioner of
<br />v1��IB, nor shall the Public Entity be considered or deemed to be an a�ent, representative, or
<br />employee of the State Entiry, the Commissioner of NIViB, or the State of V�Iinnesota in the
<br />perf�rmance of this A�reement, the Project, or operation of thz Real Propet-ty and, if applicable,
<br />Fa�, ilitv.
<br />T'he Public Entity represents that it has already or �vi11 secure or cause to be secureci a11
<br />personnel required for the performance of this A�reement and the Proj �ct, and the operation and
<br />maintenance of the Real Property and, if applicable, Facility. All pecsonnel of the Public Entity
<br />or other persons �vhile en�a�in; in the performance of this Agreement, the Project, or the
<br />operation and maintenance of the Real Property and, if applieable, Facility shall not have any
<br />contractual relationship with the State Entity, the Commissioner of iVLMB, or the State of
<br />Vtinnesota, and shall not be considered employees of any oF such entities. In addition, all claims
<br />that may arise on behalf of said personnel or other persons out of employment or alle�ed
<br />employment includin�, but not Limited to, claims under the ��'orkers' Compensation Act of the
<br />State of Minnesota, claims of discrimination a;ainst the Public Entity, its officers, a�ents,
<br />contractors, or employees shall in no way be the responsibility of the State Entity, the
<br />Commissioner of MMB, or the State of Nlinnesota. Such personnel or other persons shall not
<br />require nor be entitled to any compensation, rijhts or benetits of any kind whatsoever from the
<br />State Entity, the Commissioner of MMB, or the State of �Iinnesota in�luding, but not limited to,
<br />tenure rights, medical and hospital care, sick and �acation leave, disability benefits, severance
<br />pay and retirement benefits.
<br />Gencric GO k3ond Proceeas 31 Ver-6/30/I�
<br />Grunt .-�_reement tor Proeram Fnd Grants
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