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DOCSOPEN\RS160\1\861069.v4-3/10/23 6 Loco, its officers, agents, employees, contractors and/or subcontractors, pertaining to the performance or failure to perform the Services. Nothing herein shall be construed as a limitation on or waiver of any immunities or limitations on liability available to the City under Minnesota Statutes, Chapter 466, or other law. SECTION 9 – INSURANCE Prior to starting the Work and during the full term of this Agreement, the Burrow Loco must procure and maintain insurance, at Contractor's expense, as follows: 1. Workers Compensation insurance in accordance with Minnesota law; 2. General Liability Coverage against claims for bodily injury, death, or property damage arising out of Contractor’s performance of duties under this Agreement; 3. Liquor liability insurance; 4. Coverage shall be sufficiently broad to cover to all duties and obligations undertaken by Burro Loco in this Agreement including duties related to indemnification; 5. Insurance must be on an “occurrence” basis, and, other than Workers Compensation, the limits of such policies must be no less than $1,000,000 per occurrence and $1,500,000 aggregate. 6. Policies must be held by insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless otherwise agreed to by the City in writing. 7. Burro Loco must provide a copy of: (i) a certification of insurance satisfactory to the City, and (ii) if requested, Burro Loco’s insurance declaration page, riders and/or endorsements, as applicable, which evidences the compliance with this Paragraph, must be filed with the City prior to the start of Services. Such documents evidencing insurance shall be in a form acceptable to the City and shall provide satisfactory evidence that the Burro Loco has complied with all insurance requirements. SECTION 11- MISCELLANEOUS 1. Data Practices. All data collected, created, received, maintained, or disseminated for any purposes by the activities of Burro Loco because of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. 2. Audit Disclosure. In accordance with Minnesota Statutes, section 16C.05, subdivision 5, Burro Loco’s books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the City and the Minnesota State Auditor for a minimum of six years from the expiration date of this Agreement. 3. Assignment or Subcontracting. Burro Loco shall not assign or enter into subcontracts for services provided under this Agreement without the written consent of the City. Attachment D