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4.7. SR 02-01-2016
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4.7. SR 02-01-2016
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2/1/2016
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15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held <br />by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining <br />provisions of this Agreement. <br />16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all <br />oral agreements and negotiations between the parties relating to the subject matter hereof as well as any <br />previous agreements presently in effect between the parties relating to the subject matter hereof Any <br />alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when <br />expressed in writing and duly signed by the parties, unless otherwise provided herein. <br />17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by <br />all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The <br />Consultant and City, together with their respective agents and employees, agree to abide by the provisions <br />of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules <br />promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining <br />to the services to be provided shall constitute a material breach of this Agreement and entide the City to <br />immediately terminate this Agreement <br />18. Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not affect, in any <br />respect, the validity of the remainder of this Agreement. <br />19. Indemnification. Consultant agrees to defend, indemnify and hold harmless the City and its officials, <br />employees and agents from any liability, claims, damages, costs, losses judgments, or expenses, including <br />reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without <br />limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in <br />the performance of the services provided by this Agreement and against all losses by reason of the failure of <br />said Consultant fully to perform, in any respect, all obligations under this Agreement. <br />20. Insurance. <br />A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such <br />insurance as will protect against claims for bodily injury or death, or for damage to property, <br />including loss of use, which may arise out of operations by Consultant or by any subcontractor or by <br />anyone employed by any of them or by anyone for whose acts any of them may be liable. Such <br />insurance shall include, but not be limited to, minimum coverages and limits of liability specified in <br />this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for <br />the services provided under this Agreement and shall provide that the Consultant's coverage shall be <br />primary and noncontributory in the event of a loss. <br />B. Consultant shall procure and maintain the following minimum insurance coverages and limits of <br />liability on this Project: <br />Workers Compensation Statutory Limits <br />Employer's Liability $500,000 each accident <br />$500,000 disease policy limit <br />$500,000 disease each employee <br />Comprehensive General <br />
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