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Attachment A 93to any other rights or remedies it may have,retain another consultant to undertake or 94complete the Work to be performed hereunder. 95 Independent Consultant. 968. At all times and for all purposes herein, the Consultant is an 97independent contractor and not an employee of REDA. No statement herein shall be 98construed so as to find the Consultant an employee of REDA. 99 Assignment 1009.. The Consultant shall not assign this Agreement, nor its rights and/or 101obligations hereunder, without the prior written consent of REDA. 102 Services Not Provided For 10310.. No claim for services furnished by the Consultant not 104specifically provided for herein shall be paidby REDA. 105 Compliance with Laws and Regulations. 10611.The Consultant shall abide with allfederal, 107state and local laws, statutes, ordinances, rules and regulations in theperformanceof the 108Work. The Consultant and City, together with their respective agents and employees, 109agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes 110Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any 111violationby the Consultantof statutes, ordinances, rules and regulations pertaining to the 112Workto be performedshall constitute a material breach of this Agreement and entitle 113REDAto immediately terminate this Agreement. 114 Waiver. 11512. Any waiver by either party of a breach of any provisions of this Agreement shall 116not affect, in any respect, the validity of the remainder of this Agreement. 117 Indemnification. 11813. The parties shall indemnify and hold harmless each other and their 119officials, agents, and employees from any loss, claim, liability, and expense (including 120reasonable attorney's fees and expenses of litigation) arising out of any action 121constituting malfeasance or gross negligence of the respective parties in the performance 122of the service of this Agreement. 123 Insurance. 12414. 125 126a.During the termof this Agreement, the Consultant shall maintain, at a minimum, 127comprehensive general liability and professional liability insurance. 128Comprehensive general liability insurance shall have an aggregate limit of Two 129Million Dollars ($2,000,000.00). 130 131b.Upon request by REDA, the Consultant shall provide a certificate or certificates 132of insurance relating to the insurance required. Such insurance secured by the 133Contractor shall be issued by insurance companies licensed in Minnesota. The 134insurance specified may be in a policy or policies of insurance, primary or excess. 135 136c.Such insurance shall be in force on the date of execution of this Agreement and 137shall remain continuously in force for the duration of the Agreement. 138 3