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S.P. 6241-51 (T.H. 280) <br />Mn/DOT Agreement Number 92042 <br />Ramsey County <br />1 <br />2 <br />3 <br />4 <br />s <br />6 <br />7 <br />8 <br />9 <br />to <br />1] <br />12 <br />13 <br />14 <br />15 <br />I6 <br />]7 <br />is <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />2s <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />VII. Indemnification/Insurance <br />A) The City will defend (at its own expense and to the extent Minnesota's Attorney <br />General allows), indemnify, save, and hold the State and all of its agents and <br />employees harmless of and from all claims, demands, actions, or causes of action. <br />This obligation to indemnify extends to any attorney fees the State incurs due to this <br />Agreement and the City performance or nonperformance under it. <br />B) The City does not waive any defense or immunity of third parties. The City, in <br />.defending any action on behalf of the State, will be entitled to assert every defense or <br />immunity that the State could assert in its own behalf. <br />C) The City certifies that its workers compensation insurance coverage complies with <br />Minnesota Statutes, section 176.181, subdivision 2. The City's employees and agents <br />are not considered State employees. The State is not responsible for any claims <br />asserted by the City's employees, agents, subcontractors, or any third parties under <br />the Minnesota Workers Compensation Act. <br />VIII. Nondiscrimination <br />A) The City will comply with the United States Department of Transportation's <br />nondiscrimination regulations. These regulations are in the current version of the <br />Code of Federal Regulations, title 49, part 21. The City must incorporate these <br />regulations by reference in all contracts. <br />B) Minnesota Statutes, section 181.59 and any applicable local ordinances pertaining to <br />civil rights and nondiscrimination are considered part of this Agreement. <br />IX. Governing Terms <br />A) Applicable Law: Minnesota law governs the validity, interpretation, and enforcement of <br />this Agreement. Venue for all legal proceedings arising out of this Agreement, or its <br />breach, must be in Ramsey County, Minnesota. <br />B) Waiver: If the State fails to enforce any provision of this Agreement, that failure does <br />not waive the provision or the State's right to subsequently enforce it. <br />Page 8 of 11 <br />