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<br /> <br />9. The CITY shall be responsible for the actions of its employees, agents or contractors performing work <br />under this agreement and shall indemnify, defend and hold harmless the DISTRICT for any claims, <br />actions, or damages resulting therefrom. Nothing contained in this agreement is intended to create an <br />employer/employee relationship between the DISTRICT and the CITY, nor the DISTRICT and <br />employees, agents and contractors of the CITY. <br /> <br />10. The DISTRICT shall be responsible for the actions of its employees, agents or contractors performing <br />work under this agreement and shall indemnify, defend and hold harmless the CITY for any claims, <br />actions, or damages resulting therefrom. Nothing contained in this agreement is intended to create an <br />employer/employee relationship between the CITY and the DISTRICT, nor the CITY and employees, <br />agents and contractors of the DISTRICT. <br /> <br />11. Notwithstanding the indemnifications provided under Paragraphs 9 and 10 of this Agreement, the <br />provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern <br />liability of the DISTRICT and the CITY. <br /> <br />12. Nothing contained in this agreement shall be interpreted as a waiver of any governmental immunity, <br />defenses, or liability caps contained in state law or elsewhere, nor shall this agreement be interpreted to <br />provide for the stacking of any liability limits under state law. <br /> <br />13. This joint powers agreement shall remain in full force and effect until it is either canceled in writing by <br />either party upon sixty (60) days-notice, or otherwise terminates by operation of law. <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused this JOINT POWERS AGREEMENT to be <br />executed the day and year first written above. <br /> <br />CITY OF ELK RIVER INDEPENDENT SCHOOL DISTRICT 728 <br /> <br />By: ____________________________________ By: ____________________________________ <br /> Its: _______________________________ Its: _______________________________ <br /> <br />By: ____________________________________ By: ____________________________________ <br /> Its: _______________________________ Its: _______________________________ <br /> <br /> <br />Approved as to Form: <br /> <br />______________________________________ <br /> Its: _______________________________ <br />