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amended, modified or replaced from time to time, then the liability of the Public Entity,
<br />including but not limited to the indemnification provided under Section 7.13, is governed by the
<br />provisions contained in such Chapter 466.
<br />Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all
<br />loss, expense (including attorneys' fees), and damage in connection with the Project and
<br />operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold
<br />harmless DEED, the Commissioner of MMB, and the State of Minnesota, their agents, servants
<br />and employees from all claims, demands and judgments made or recovered against DEED, the
<br />Commissioner of MMB, and the State of Minnesota, their agents, servants and employees,
<br />because of bodily injuries, including death at any time resulting therefrom, or because of
<br />damages to property of DEED, the Commissioner of MMB, or the State of Minnesota, or others
<br />(including loss of use) from any cause whatsoever, arising out of, incidental tq or in connection
<br />with the Project or operation of the Real Property and, if applicable, Facility, whether or not due
<br />to any act of omission or commission, including negligence of the Public Entity or any
<br />contractor or his or their employees, servants or agents, and whether or not due to any act of
<br />omission or commission (excluding, however, negligence or breach of statutory duty) of DEED,
<br />the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents.
<br />The Public Entity further agrees to indemnfy, save, and hold DEED, the Commissioner of
<br />MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising
<br />out of, resulting from, or in any manner attributable to any violation by the Public Entity, its
<br />officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any
<br />provision of the Minnesota Government Data Practices Act, including legal fees and
<br />disbursements paid or incurred to enforce the provisions contained in Section 7.06.
<br />The Public Entity's liability hereunder shall not be limited to the extent of insurance
<br />carried by or provided by the Public Entity, or subject to any exclusions from coverage in any
<br />insurance policy.
<br />Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is
<br />intended or should be construed in any manner as creating or establishing the relationship of co-
<br />partners or a joint venture between the Public Entity, DEED, or the Commissioner of MMB, nor
<br />shall the Public Entity be considered or deemed to be an agent, representative, or employee of
<br />DEED, the Commissioner of MMB, or the State of Minnesota in the performance of this
<br />Agreement, the Project, or operation of the Real Property and, if applicable, Facility.
<br />The Public Entity represents that it has already or will secure or cause to be secured all
<br />personnel required for the performance of this Agreement and the Project, and the operation and
<br />maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity
<br />or other persons while engaging in the performance of this Agreement, the Project, or the
<br />operation and maintenance of the Real Property and, if applicable, Facility shall not have any
<br />contractual relationship with DEED, the Commissioner of MMB, or the State of Minnesota and
<br />shall not be considered employees of any of such entities. In addition, all claims that may arise
<br />on behalf of said personnel or other persons out of employment or alleged employment
<br />including, but not limited tq claims under the Workers' Compensation Act of the State of
<br />Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or
<br />employees shall in no way be the responsibility of DEED, the Commissioner of MMB, or the
<br />DEED Greater MN Business Development Public Infrastructure Program 3 ~ Ver - 2/16/10
<br />Grant Agreement for Construction Grants (DEED GO GA- Cnstrctn Grnt)
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