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9. INSURANCE AND LIABILITY. <br /> a. Insurance. While attending to St. Francis matters, the Building Official will be <br /> primarily insured by St. Francis under its insurance coverages including commercial <br /> general liability. Elk River will also carry similar insurance on the Building Official. <br /> b. Liability of St. Francis. St. Francis agrees to defend and indemnify Elk River <br /> and its employees, officials, volunteers and agents from and against all claims, <br /> actions, damages, losses and expenses arising out of the Building Official's <br /> performance or failure to perform his or her duties under this Agreement except <br /> where such claim, action, damage, loss and expense is attributable to a specific <br /> direction from Elk River or its employees, officials, agents or representatives. <br /> c. Liability of Elk River. Elk River agrees to defend and indemnify St. Francis and <br /> its employees, officials, volunteers and agents from and against all claims, actions, <br /> damages, losses and expenses arising out of the Building Official's performance or <br /> failure to perform his or her duties under this Agreement where such claim, action, <br /> damage, loss and expense is attributable to a specific direction from Elk River or its <br /> employees, officials, agents or representatives. <br /> 10. TERMINATION/EXTENSION. <br /> a. Termination. This Agreement maybe terminated by the party desiring that the <br /> Agreement be terminated providing sixty (60) days written prior notice to all other <br /> parties any time prior to the automatic expiration of this Agreement. Cause is not <br /> required for such termination. Payment for services rendered will be through the date <br /> of termination as identified in the written notification. <br /> b. Extension. This Agreement may be extended beyond the time designated in <br /> Paragraph 4 of this Agreement by written agreement of all of the parties hereto which <br /> written agreement will contain any amendment of the existing terms of this <br /> Agreement. <br /> 11. OWNERSHIP AND INSPECTION OF DOCUMENTS. All documents <br /> including electronic data prepared under this agreement will be the property of St. Francis and <br /> will be collected and maintained in a manner as deemed appropriate by St. Francis. Records <br /> Availability and Retention: The books, records, documents, and accounting procedures and <br /> practices of the Elk River Building Official relevant to this Agreement are subject to examination <br /> by St. Francis or its designated representative and either the Legislative Auditor or State Auditor <br /> as appropriate. The Elk River Building Official and Elk River will be bound under the <br /> provisions of the Minnesota Data Practices Act and will maintain records in a fashion consistent <br /> with Minnesota Statutes, Chapter 13. <br /> 3 <br />