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DocuSign Envelope ID: 58FE3CF5-7330-4F18-9C60-B177A84C616D <br />undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to <br />otherwise bind, the other Party. No Party shall be liable for the payment or performance of any <br />debts, obligations, taxes, or liabilities of the other Party, unless expressly assumed in writing <br />herein or otherwise. Each Party retains full control over the employment, direction, <br />compensation and discharge of its employees, and will be solely responsible for all compensation <br />of such employees, including social security, withholding and worker's compensation <br />responsibilities. <br />26. Subcontractors <br />With ERMU's prior approval, Distributor may retain qualified consultants and subcontractors to <br />carry out the Work. There shall be no relationship, fiduciary, contractual, or otherwise, between <br />Distributor's consultants, subcontractors, affiliates, employees, agents, and representatives and <br />any employee, director, or agent of ERMU. Distributor shall be fully responsible to ERMU for <br />all acts and omissions of its consultants, subcontractors, affiliates, employees, agents, and <br />representatives just as Distributor is responsible for Distributor's own acts and omissions. <br />Distributor shall not employ any consultant or subcontractor over ERMU's reasonable objection. <br />Distributor shall discharge and immediately remove from the project any consultant or <br />subcontractor that has or is acting in an unsafe manner or otherwise not complying with the <br />requirements of this Agreement. <br />All Work performed for Distributor by a consultant or subcontractor will be pursuant to a written <br />agreement between the Distributor and the consultant or subcontractor. Such agreement shall <br />specifically bind consultant or subcontractor to the terms and conditions of this Agreement, <br />including, without limitation, insurance, indemnification, and warranty provisions for the benefit <br />of ERMU. <br />27. Insurance <br />Distributor shall obtain and maintain during the term of this Agreement occurrence -based liability <br />insurance with coverages and limits of liability not less than those shown herein. All such insurance <br />shall be primary with respect to any other insurance or self-insurance programs afforded to or <br />maintained by or for the benefit of ERMU and shall not require the exhaustion of any other <br />coverage. <br />Distributor shall procure at its expense, and maintain, in full force during the full term of this <br />Agreement, insurance policies, from an insurer, or insurers, licensed to do business in the State of <br />Minnesota where the Work hereunder is to be performed, and each of which insurers shall be <br />satisfactory to ERMU. Distributor will require its subcontractors to maintain insurance at limits <br />acceptable to Distributor. The said policies shall provide insurance of the type and, at a minimum, <br />in the amounts below indicated: <br />a) Workers' Compensation Insurance shall be provided covering liability arising out of <br />Distributor's employment of workers and anyone for whom Distributor may be liable <br />for workers' compensation claims. Workers' compensation insurance is required, and <br />no "alternative" forms of insurance shall be permitted. <br />Elk River Municipal Utilities 19 Core & Main LP <br />M <br />