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A copy of the Consultant's insurance declaration page, Rider and/or <br />Endorsement, as applicable, which evidences the compliance with this Paragraph <br />20, must be filed with City prior to the start of Consultant's Work. Such documents <br />evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory <br />evidence that Consultant has complied with all insurance requirements. Renewal <br />certificates shall be provided to City prior to the expiration date of any of the required <br />policies. City will not be obligated, however, to review such declaration page, Rider, <br />Endorsement or certificates or other evidence of insurance, or to advise Consultant of <br />any deficiencies in such documents and receipt thereof shall not relieve Consultant from, <br />nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations <br />hereunder. City reserves the right to examine any policy provided for under this <br />paragraph. <br />F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the <br />specified insurance, then Consultant will defend, indemnify and hold harmless the City, the <br />City's officials, agents and employees from any loss, claim, liability and expense (including <br />reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the <br />same protection as would have been provided by the specified insurance. Consultant also <br />agrees that if applicable law limits or precludes any aspect of this indemnity, then the <br />indemnity will be considered limited only to the extent necessary to comply with that <br />applicable law. The stated indemnity continues until all applicable statutes of limitation <br />have run. <br />21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated <br />in connection with the performance of the Agreement ("Information") shall become the property <br />of the City, but Consultant may retain copies of such documents as records of the services <br />provided. The City may use the Information for its purposes and the Consultant also may use <br />the Information for its purposes. Use of the Information for the purposes of the project <br />contemplated by this Agreement ("Project") does not relieve any liability on the part of the <br />Consultant, but any use of the Information by the City or the Consultant beyond the scope of the <br />Project is without liability to the other, and the party using the Information agrees to defend and <br />indemnify the other from any claims or liability resulting therefrom. <br />22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to <br />this Service Agreement or the relationships which result from this Agreement shall be subject to <br />mediation as a condition precedent to initiating arbitration or legal or equitable actions by either <br />party. Unless the parties agree otherwise, the mediation shall be in accordance with the <br />Commercial Mediation Procedures of the American Arbitration Association then currently in <br />effect. A request for mediation shall be filed in writing with the American Arbitration Association <br />and the other party. No arbitration or legal or equitable action may be instituted for a period of <br />90 days from the filing of the request for mediation unless a longer period of time is provided by <br />agreement of the parties. Cost of inediation shall be shared equally between the parties. <br />Mediation shall be held in the City of Roseville unless another location is mutually agreed upon <br />by the parties. The parties shall memorialize any agreement resulting from the mediation in a <br />Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any <br />court having jurisdiction thereof. <br />23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. <br />7 <br />