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S.P. 6241-51 (T.H. 280) <br />Mn/DOT Agreement Number 92042 <br />Ramsey County <br />B) The City does not waive any defense or immunity to any claims of third parties. The <br />City, in defending any action on behalf of the State, will be entitled to assert every <br />defense or 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 />C) Merger.• This Agreement contains all negotiations and agreements between the State <br />and the City. No prior understanding regarding this Agreement, whether written or <br />oral, may be used to bind either party. <br />D) Assignment.• The City may neither assign nor transfer any rights or obligations under <br />this Agreement without the State's consent and a fully executed assignment <br />agreement. To be valid, the assignment agreement must be signed and approved by <br />the same parties who signed and approved this Agreement, or their successors in <br />office. <br />Page 8 of 11 <br />