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10. PERMITS AND LICENSES; RIGHTS -OF -WAY AND EASEMENTS. The
<br />Contractor shall procure all pennits and licenses, pay all charges and fees therefore, and give all
<br />notices necessary and incidental to the construction and completion of the Project. The City will
<br />obtain all necessary rights -of -way and easements. The Contractor shall not be entitled to any
<br />additional compensation for any construction delay resulting from the City's not timely obtaining
<br />rights -of -way or easements.
<br />11. DATA PRACTICES/RECORDS.
<br />A. All data created, collected, received, maintained, or disseminated for any
<br />propose in the course of this Contract is governed by the Minnesota Government Data Practices Act,
<br />Minn. Stat. Ch. 13, any other applicable state statute, or any state Hiles adopted to implement the act,
<br />as well as federal regulations on data privacy.
<br />B. All books, records, documents, and accounting procedures and practices of the
<br />Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the
<br />City.
<br />12. WARRANTY. The Contractor shall be held responsible for any and all defects in
<br />workmanship, materials, and equipment which may develop in any part of the contracted service, and
<br />upon 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.
<br />13. DEFENSE OBLIGATION. To the fullest extent permitted by law, the Contractor
<br />shall indemnify, defend, and hold harmless the City and its officials, employees and agents, against
<br />claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of or resulting
<br />from performance of the Contractor's work, provided that such claim, damage, loss or expense is
<br />attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
<br />property, other than the work itself, but only to the extent caused by the negligent or wrongful acts or
<br />omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
<br />anyone for whose acts they may be liable.
<br />14. WAIVER. In the particular event that either party shall at any time or times waive
<br />any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any
<br />succeeding breach of this Contract by either party, whether of the same or any other covenant,
<br />condition, or obligation.
<br />15. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation
<br />of this Contract.
<br />16. SEVERABILITY. If any provision, term, or condition of this Contract is found to
<br />be or become unenforceable or invalid, it shall not affect the remaining provisions, terms, and
<br />conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders
<br />this Contract impossible to perform. Such remaining ternis and conditions of the Contract shall
<br />continue in full force and effect and shall continue to operate as the parties' entire contract.
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