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<br />RS160\1\881892.v1-6/12/23
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<br />11. Data Practices Act Compliance. Contractor acknowledges that all data provided,
<br />produced, or obtained under this Agreement shall be protected, maintained, and administered in
<br />accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13
<br />(the “Act”), and that with regard to such data Contractor must comply with the Act as if it were a
<br />government entity. Contractor will immediately report to the City any requests from th ird Parties
<br />for information relating to this Agreement.
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<br />12. Audit Disclosure. Under Minn. Stat. § 16C.05, subd. 5, Contractor’s books, records,
<br />documents, and accounting procedures and practices relevant to this Agreement, including books
<br />and records of an y approved subcontractors, are subject to examination by the City and/or the State
<br />Auditor or Legislative Auditor, as appropriate, for a minimum of six years after the termination of
<br />this Agreement.
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<br />13. Indemnification. For claims occurring for a period of one year following the completion
<br />of Work, the Contractor agrees to defend, indemnify and hold the City, and its mayor,
<br />councilmembers, officers, agents, employees, and representatives harmless from and against all
<br />liability, claims, damages, costs, judgments, losses and expenses, including but not limited to
<br />reasonable attorney’s fees, to the extent caused by any negligent or wrongful act or omission of
<br />the Contractor, its officers, agents, employees, contractors and/or subcontractors, during the
<br />performance or failure to perform the Work. Nothing herein shall be construed as a limitation on
<br />or waiver of any immunities or limitations on liability available to the City under Minnesota
<br />Statutes, Chapter 466, or other law. Notwithstanding anything to the contrary in this Agreement,
<br />Contractor’s indemnity, defense, and hold harmless obligations will not extend to any claim or
<br />liability that be caused by the negligence or willful misconduct of the indemnified party or other
<br />third party not controlled by Contractor.
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<br />14. Insurance. Prior to starting the Work and during the full term of this Agreement, the
<br />Contractor shall procure and maintain insurance, at Contractor's expense, as follows:
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<br />a. Workers Compensation insurance in accordance with Minnesota law;
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<br />b. Professional Liability Insurance covering any damages caused by an error,
<br />omission or any negligent act;
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<br />c. [automobile insurance for owned, hired and non-owned vehicles];
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<br />d. Coverage shall be sufficiently broad to cover to all duties and obligations
<br />undertaken by Contractor in this Agreement including duties related to
<br />indemnification;
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<br />e. Insurance must be on an “occurrence” basis, and, other than Workers
<br />Compensation, the limits of such policies must be $1,000,000 per occurrence and
<br />$1,500,000 aggregate.
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