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proper notification by the City shall immediately replace, without cost to the City, any such <br /> faulty part or parts and damage done by reason of the same in accordance with the bid <br /> specifications. <br /> 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless <br /> from any claim made by third parties as a result of the services performed by it. In addition, the <br /> Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a <br /> result of any such claims. <br /> 11. PERFORMANCE AND PAYMENT BONDS. Performance and payment <br /> bonds are not required for the doing of any public work if the contract price is $100,000 or less. <br /> On projects of more than $100,000 for the doing of public work a payment bond and <br /> performance bond each in the amount of the contract price must be furnished to the City prior to <br /> commencement of work. The form of the bonds must satisfy statutory requirements for such <br /> bonds. <br /> 12. MISCELLANEOUS. <br /> A. Terms used in this Agreement have the meanings stated in the General <br /> Conditions. <br /> B. Owner and Contractor each binds itself, its partners, successors, assigns <br /> and legal representatives to the other party hereto, its partners, successors, <br /> assigns and legal representatives in respect to all covenants, agreements, <br /> and obligations contained in the Contract Documents. <br /> C. Any provision or part of the Contract Documents held to be void or <br /> unenforceable under any law or regulation shall be deemed stricken, and <br /> all remaining provisions shall continue to be valid and binding upon <br /> Owner and Contractor, who agree that the Contract Documents shall be <br /> reformed to replace such stricken provision or part thereof with a valid and <br /> enforceable provision that comes as close as possible to expressing the <br /> intention of the stricken provisions. <br /> D. Data Practices/Records. <br /> (1) All data created, collected, received, maintained or disseminated <br /> for any purpose in the course of this Contract is governed by the <br /> Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any <br /> other applicable state statute, or any state rules adopted to <br /> implement the act, as well as federal regulations on data privacy. <br /> (2) All books, records, documents and accounting procedures and <br /> practices to the Contractor and its subcontractors, if any, relative to <br /> this Contract are subject to examination by the City. <br /> Doc.#171155v.1 5 <br /> RNK:6/26/2013 <br />