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acknowledging or agreeing that the cited provisions apply to the Project or the operation of the
<br />Governmental Program on or in the Real Property and, if applicable, Facility.
<br />Section 7.12 Liability. The Public Entity and the State Entity agree that they will,
<br />subject to any indemnifications provided herein, be responsible for their own acts and the results
<br />thereof to the extent authorized by law, and they shall not be responsible for the acts of the other
<br />party and the results thereo£ The liability of the State Entity and the Commissioner is governed
<br />by the provisions contained in Minn. Stat. § 3.736 that exists as of the date of this Agreement
<br />and as such may subsequently be amended, modified or replaced from time to time. If the Public
<br />Entity is a"municipality" as such term is used in Chapter 466 of the Minnesota Statutes that
<br />exists as of the date of this Agreement and as such may subsequently be amended, modified or
<br />replaced from time to time, then the liability of the Public Entity, including but not limited to the
<br />indemnification provided under Section 7.13, is governed by the provisions contained in such
<br />Chapter 466.
<br />Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all
<br />loss, expense (including attorneys' fees), and damage in connection with the Project and
<br />operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold
<br />harmless the State Entity, the Commissioner, and the State of Minnesota, their agents, servants
<br />and employees from all claims, demands and judgments made or recovered against the State
<br />Entity, the Commissioner, and the State of Minnesota, their agents, servants and employees,
<br />because of bodily injuries, including death at any time resulting therefrom, or because of
<br />damages to property of the State Entity, the Commissioner, or the State of Minnesota, or others
<br />(including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection
<br />with the Project or operation of the Real Property and, if applicable, Facility, whether or not due
<br />to any act of omission or commission, including negligence of the Public Entity or any
<br />contractor or his or their employees, servants or agents, and whether or not due to any act of
<br />omission or commission (excluding, however, negligence or breach of statutory duty) of the
<br />State Entity, the Commissioner, or the State of Minnesota, their employees, servants or agents.
<br />The Public Entity further agrees to indemnify, save, and hold the State Entity, the
<br />Commissioner, and the State of Minnesota, their agents and employees, harmless from all claims
<br />arising out of, resulting from, or in any manner attributable to any violation by the Public Entity,
<br />its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of
<br />any provision of the Minnesota Government Data Practices Act, including legal fees and
<br />disbursements paid or incurred to enforce the provisions contained in Section 7.06.
<br />The Public Entity's liability hereunder shall not be limited to the extent of insurance
<br />carried by or provided by the Public Entity, or subj ect to any exclusions from coverage in any
<br />insurance policy.
<br />Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is
<br />intended or should be construed in any manner as creating or establishing the relationship of co-
<br />partners or a joint venture between the Public Entity, the State Entity, or the Commissioner, nor
<br />shall the Public Entity be considered or deemed to be an agent, representative, or employee of
<br />Generic GO Bond Proceeds 3 1 Ver — 6/26/08
<br />Grant Agreement for Construction Grants (Gnrc GO GA-Cnstrctn Grnt)
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