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Attachment 1
<br />available to employees and applicants for employment, notices setting forth the provisions
<br />of this non-discrimination clause and stating that all qualified applicants will receive
<br />consideration for employment. The Parties shall incorporate the foregoing requirements
<br />of this Provision 12 in all of its subcontracts for Work done under this Agreement, and will
<br />require all of its subcontractors performing such Work to incorporate such requirements in
<br />all subcontracts for the performance of the Work. The Parties further agree to comply with
<br />all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title
<br />VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act.
<br />13. Assignment. The Parties shall not assign this Agreement, nor its rights and/or obligations
<br />hereunder, without the prior written consent of the other Party.
<br />14. Services Not Provided For. Metro-INET shall not be required to pay for any claim for
<br />services furnished by the City not specifically provided for herein.
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<br />15. Compliance with Laws and Regulations. The City shall abide with all federal, state and
<br />local laws, statutes, ordinances, rules and regulations in the performance of the Work. The
<br />City and Metro-INET, together with their respective agents and employees, agree to abide
<br />by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
<br />amended, and Minnesota Rules promulgated pursuant to Chapter 13.
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<br />16. Waiver. Any waiver by either Party of a breach of any provisions of this Agreement shall
<br />not affect, in any respect, the validity of the remainder of this Agreement or either Party’s
<br />ability to enforce a subsequent breach.
<br />17. Indemnification. To the fullest extent permitted by law, each party agrees to defend,
<br />indemnify and hold harmless the other and their elected officials, members, board
<br />members, executive director, officers, agents, employees and representatives from and
<br />against all liability, claims, damages, costs, judgments, losses and expenses, including but
<br />not limited to reasonable attorney’s fees, arising out of or resulting from any of their own
<br />negligent or wrongful act or omission, its officers, agents, employees, contractors and/or
<br />subcontractors, pertaining to the performance or failure to perform the Work and against
<br />all losses resulting from their own failure to fully perform all of their respective obligations
<br />under this Agreement.
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<br />18. Insurance; Liability Limitation. The parties acknowledge that the City is a self-insured
<br />entity and shall remain sufficiently self-insured to cover any and all liabilities and/or
<br />judgments potentially arising out of the performance of this Agreement. Nothing in this
<br />Agreement constitutes, nor shall be construed to constitute, a waiver of any liability
<br />limitation contained in Minnesota Statutes Chapter 466 or any other limitation of liability
<br />contained in statute, at law, in equity, or elsewhere.
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<br />19. Ownership of Documents. All plans, diagrams, analysis, reports and information
<br />generated in connection with the performance of this Agreement (“Information”) shall
<br />become the property of Metro-INET, but the City may retain copies of such documents as
<br />records of the services provided. Metro-INET may use the Information for any reasons it
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<br />Qbhf!232!pg!277
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