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Attachment 3 138 d. Insurance must be on an “occurrence” basis, and, other than Workers 139 Compensation, the limits of such policies must be no less than $1,000,000 per 140 occurrence and $1,500,000 aggregate. 141 142 e. Policies must be held by insurance companies licensed to do business in the state 143 in Minnesota and having a current A.M. Best rating of no less than A-, unless 144 otherwise agreed to by the City in writing. 145 146 f. Contractor must provide a copy of: (i) a certification of insurance satisfactory to the 147 City, and (ii) if requested, the Contractor’s insurance declaration page, riders and/or 148 endorsements, as applicable, which evidences the compliance with this Paragraph, 149 must be filed with the City prior to the start of Contractor’s Work. Such documents 150 evidencing insurance shall be in a form acceptable to the City and shall provide 151 satisfactory evidence that the Contractor has complied with all insurance 152 requirements. 153 154 15. Ownership of Documents. All plans, diagrams, analysis, reports and information 155 generated in connection with the performance of this Agreement (the “Information”) shall become 156 the property of the City, but the Contractor may retain copies of such documents as records of the 157 services provided. The City may use the Information for any reasons it deems appropriate without 158 being liable to the Contractor for such use. The Contractor shall not use or disclose the Information 159 for purposes other than performing the Work contemplated by this Agreement without the prior 160 consent of the City. 161 162 16. Conflicts. No salaried officer or employee of the City and no member of the City Council 163 of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of 164 this provision shall render this Agreement void. 165 166 17. Waiver. Any waiver by either Party of a breach of any provisions of this Agreement shall 167 not affect, in any respect, the validity of the remainder of this Agreement or either Parties’ ability 168 to enforce a subsequent breach. 169 170 18. Governing Law. This Agreement shall be controlled by the laws of the State of 171 Minnesota. Any disputes, controversies, or claims arising under this Agreement shall be heard in 172 the state or federal courts of Minnesota and the Parties waive any objections to jurisdiction. 173 174 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which 175 shall be considered an original. 176 177 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for 178 any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not 179 affect the remaining provisions of this Agreement. 180 181 21. Entire Agreement. Unless stated otherwise in this, the entire agreement of the Parties is 182 contained in this Agreement. This Agreement supersedes all prior oral agreements and negotiations 183 between the Parties relating to the subject matter hereof as well as any previous agreements 4 RS160\\1\\857119.v1-2/16/23 Qbhf!78!pg!413