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Burro Loco agrees to defend, indemnify and hold the City, and its mayor, councilmembers,
<br />officers, agents, employees, and representatives harmless from and against all liability, claims,
<br />damages, costs, judgments, losses and expenses, including but not limited to reasonable
<br />Burro Loco, its officers, agents, employees, contractors and/or subcontractors, pertaining to the
<br />performance or failure to perform the Services. Nothing herein shall be construed as a limitation
<br />on or waiver of any immunities or limitations on liability available to the City under Minnesota
<br />Statutes, Chapter 466, or other law.
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<br />SECTION 9 INSURANCE
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<br />Prior to starting the Work and during the full term of this Agreement, the Burrow Loco must
<br />procure and maintain insurance, at Contractor's expense, as follows:
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<br />1. Workers Compensation insurance in accordance with Minnesota law;
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<br />2. General Liability Coverage against claims for bodily injury, death, or property damage
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<br />3. Liquor liability insurance;
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<br />4. Coverage shall be sufficiently broad to cover to all duties and obligations undertaken by
<br />Burro Loco in this Agreement including duties related to indemnification;
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<br />5.
<br />limits of such policies must be no less than $1,000,000 per occurrence and $1,500,000 aggregate.
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<br />6. Policies must be held by insurance companies licensed to do business in the state in
<br />Minnesota and having a current A.M. Best rating of no less than A-, unless otherwise agreed to
<br />by the City in writing.
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<br />7. Burro Loco must provide a copy of: (i) a certification of insurance satisfactory to the
<br />City, and (ii) if requested, Burro Loco
<br />as applicable, which evidences the compliance with this Paragraph, must be filed with the City
<br />prior to the start of Services. Such documents evidencing insurance shall be in a form acceptable
<br />to the City and shall provide satisfactory evidence that the Burro Loco has complied with all
<br />insurance requirements.
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<br />SECTION 11- MISCELLANEOUS
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<br />1. Data Practices. All data collected, created, received, maintained, or disseminated for any
<br />purposes by the activities of Burro Loco because of this contract is governed by the Minnesota
<br />Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules
<br />implementing such act now in force or as adopted, as well as federal regulations on data privacy.
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<br />2. Audit Disclosure. In accordance with Minnesota Statutes, section 16C.05, subdivision 5,
<br /> books, records, documents and accounting procedures and practices relevant to this
<br />Agreement are subject to examination by the City and the Minnesota State Auditor for a minimum
<br />of six years from the expiration date of this Agreement.
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