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Stat. §471.59, and other applicable law. Each Party warrants that they are able to comply with the aforementioned liability requirements through an insurance or self-insurance program and that each has coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 6.3 This Agreement does not constitute a waiver by either Party of limitations on liability provided by Minnesota Statutes, Chapter 466, or other applicable law. This clause will not be construed to bar any legal remedies that each Party may have for the other Party's failure to fulfill its obiigations under this Agreement. 6.4 Each Party shall defend, indemnify and hold other Party harmless from any and all liability, on account of injury to persons or damage to property occasioned by the alleged negligent or intentional acts of the indemnifying Party. Neither Party shall be indemnified for losses or claims occasioned by its own negligence or intentional acts. 6.5 In the event a suit is brought against a Party under circumstances where this agreement to indemnify applies, the indemnifying Party at its sole cost and expense shall defend the other Party in such suit if written notice thereof is promptly given to the indemnifying Party within a period wherein it is not prejudiced by lack of such notice. If a Party is required to indemnify and defend, it will thereafter have control of such litigation, but may not settle without the consent of the indemnified Party, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the indemnifying Party. SECTION 7 — GRANTEE AUDITS Grantee shall have the right to review the Grantor's books, records, documents and accounting procedures relevant to this Agreement pursuant to the provisions of Minn. Stat. Section 16C.05 Subdivision 5. These rights shall be upon request of the Grantee at a mutually convenient time and location. SECTION 8— GOVERNMENT DATA PRACTICES ACT This Agreement is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. If either Party receives a request for a Data request affecting data or property of the other Party, the Party receiving the request shall immediately notify the other Party of the request and of the scope of intended disclosure. Each Party retains its full rights under the Act. SECTION 9 — DISPUTE RESOLUTION If the Parties are unable to resolve any dispute arising out of this Agreement, they agree that prior to commencement of litigation; they will select and retain a mutually acceptable mediator in a good faith attempt to resolve the dispute. The parties shall share the cost of the mediator equally. If inediation is unsuccessful, the Parties may each pursue any and all legal and equitable remedies. The venue for any litigation arising out of this Agreement shall be Ramsey County District Court, Ramsey County, Minnesota. IRU_RCL_JAN2010_rev3TDH