HRA Packet for May 5, 2025 - Laserfiche WebLink

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5. Time; Termination. This MOU shall be effective from the date of its final execution. This MOU shall expire on April 15, 2026, unless terminated earlier. Either party to this MOU may also terminate this agreement for any reason upon 14 days’ notice. The Association shall, at its own sole cost, remove all its remaining furniture from the Property within fourteen (14) days of any termination of this agreement. If the Association fails to do so, the HRA may remove any remaining furniture and the Association shall reimburse the HRA for the full cost of doing so. 6. Representation of Authority. The undersigned executing this agreement represent and warrant that they have been duly authorized to execute this agreement and that this agreement shall bind it to the terms and obligations contained herein. 7. Mutual Indemnification. To the fullest extent permitted by law, the Association agrees to defend, indemnify and hold harmless the HRA, the City of Elk River, and their employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of the Association’s use of the Property or its placement of outdoor furniture. The indemnification obligation shall apply to anyone directly or indirectly employed, hired, or otherwise participating in the Association use, or anyone for whose acts the Association may be liable. The HRA agrees to defend, indemnify and hold harmless the Association, and their employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of the HRA’s performance under this agreement. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the HRA’s acts or omissions. The parties agree this indemnity obligation shall survive the completion or termination of this Agreement. 8. Entire Agreement; Modification. This MOU supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement. Any modification to this MOU must be in writing and be signed by the parties. 9. Assignment. The Association may not assign this Agreement to any other person unless written consent is obtained from the HRA. 10. No Employee Relationship. Nothing within this MOU shall be construed as creating an agent or employee relationship between the HRA and the Association. [Remainder of Page Intentionally Left Blank] Page 14 of 36