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C. SBC shall provide appropriate identification of its agents, employees and <br />representatives during the performance of this Management Agreement at the MPF. SBC <br />acknowledges and recognizes thatit is a fair and equal opportunity employer and that its employees, <br />representatives and agents have had training in sexual harassment, gender sensitivity and cultural <br />diversity. <br />D. By executing this Management Agreement, SBC certifies that it has reviewed the <br />provisions of Minnesota Statutes with respect to workers' compensation, and SBC restates that it is <br />an independent contractor and certifies that SBC will comply with the provisions of the Workers' <br />Compensation Statute as an independent contractor before commeneuig the performance of work <br />under this Management Agreement- <br />E. SBC will designate personnel whose responsibilities shall be working with the City, <br />in coordinating and implementing this Management Agreement. <br />ARTICLE VI <br />NON ASSIGNABILITY <br />A. SBC recognizes and acknowledges that this Management Agreement for concession <br />services cannot be transferred, assigned or subcontracted by SBC. <br />ARTICLE VH <br />INDEMNIFICATION; INSURANCE <br />A. Indemnification. Without a waiver of the City's statutory immunities pursuant to <br />Miimesota Statutes Chapter 466 or other applicable law, each party agrees to defend, hold harmless <br />and indemrnify the other Party against any and all claims, liabilities, damages, judgments, costs, and <br />expenses (including reasonable attorneys' fees and costs) asserted against, imposed upon, or incurred <br />by the other Party that arises out of, or in comiection the Parry's default under or failure to <br />perform any contractual or other obligations, commitment, or undertaking under this Management <br />Agreement, or any other act or omission of a Party or its employees, agents, or representatives to <br />the extent allowed by the law. Each Party further agrees that it shall be responsible for its own acts <br />and results thereof to the extent authorized by law and shall not be responsible for the acts of the <br />other Party and results thereof. The provision of this Article shall survive the termination of the <br />Management Agreement with respect to any claim, action, or proceeding that relates to acts or <br />omissions during the term of this Management Agreement. <br />B. City Insurance. The City shall maintain such insurance as is customarily maintained <br />by owners of comparable facilities. <br />C. SBC Insurance. Prior to performance of concession services under this Management <br />Agreement, SBC agrees to provide the City with a copy of its Certificate of Insurance for both <br />catering and liquor, naming the City as a co-insured, and all appropriate licenses. The anhowits of <br />insurance shall be no less than the statutory amounts required by cities. All such insurance policies <br />shall contain a provision that they may not be cancelled unless prior written notice thereof is given <br />to the City not less than twenty (20) business days prior to such cancellation date. SBC shall purchase <br />and maintain insurance to protect itself from claims under the Worker's Compensation Acts. <br />{11752655.4 ) <br />EL185-44-683214.v4 <br />