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7. Neither GRANTEE nor Grantee's contractor shall be considered to be either a <br />temporary or permanent employee of ERMU. It is mutually understood that the <br />GRANTEE and the GRANTEE' S contractor act hereunder as independent <br />contractor's and acquire no tenure rights or any rights or benefits by way of <br />Workers' Compensation, unemployment compensation, medical and hospital <br />caze, vacation and sick leave, severance pay, PERA, or any other rights or <br />benefits offered to ERMU employees. <br />8. In accordance with ERMU policies against discrimination, no persons shall be <br />excluded from full employment rights or participation in the benefits of any <br />program, service or activity on the grounds of race, color, creed, religion, age, <br />sex, disability, marital status, sexual preference, public assistance status, ex- <br />offender status, or national origin; and no person who is protected by applicable <br />Federal or State laws, rules, or regulations against discrimination shall be <br />otherwise subjected to discrimination. <br />9. All well sealing shall be done in accordance with Minnesota Statues governing <br />well sealing the rules of the Commissioner of Health related to sealing of unused <br />wells and all other applicable statutes, rules and ordinances related to the sealing <br />of abandoned wells. <br />10. The MDH will resolve any disputes as to the best method of sealing the well. <br />11. The GRANTEE agrees to defend, indemnify, and hold harmless ERMU and its <br />employees from any liability, claims, causes of actions, judgments, damages, <br />losses, costs, or expenses, including reasonable attorneys' fees, resulting directly <br />or indirectly employed by them, and/or and one for whose act or omissions they <br />maybe liable in the performance or the services required by this Agreement, and <br />against all loss by reason of the failure of said GRANTEE to perform fully, in any <br />respect, all obligations under this Agreement. <br />12. If GRANTEE should sell or offer to sell the Property within 12 months of <br />ERMU's payment to GRANTEE under Section 6 of this Agreement, any amount <br />paid to GRANTEE shall be returned to ERMU within 30 days. Failure to return <br />the grant amount to ERMU shall result in the amount owed to ERMU being <br />charged to the water account for the Property. <br />for ERMU <br />Grantee <br />GP:2970057 vl <br />