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4. Indemnification. <br />Each Party agrees to defend indemnify and hold harmless the other party against any and all <br />claims, liability, losses, damages, judgments, costs, or expenses (including reasonable <br />attorneys fees) caused by or resulting from the willful misconduct or negligent acts or <br />omissions of the indemnifying party, its employees or agents related to service provided <br />under this agreement. This indemnification provision is for the protection of Parties only, and <br />shall not establish, of itself, any liability for tort claims under the provision of Minnesota <br />Statutes, Section 466.01 to 466.15. A Party shall promptly notify the other Party of its <br />assertion of any claim against the Party which is potentially indemnifiable by the other Party. <br />A Party shall give the other Party an opportunity to defend such a claim and shall not settle <br />such claim without the approval of the indemnifying Party. <br />5. Termination <br />This contract can be terminated by either party with one-year notice. <br />6. Limitation of Liability <br />In no event shall Parties be liable to each other under this Agreement for any indirect, <br />special, or consequential damages, including but not limited to, loss of use, loss of revenue, <br />loss of profit, and / or cost of replacement power, interest charges, cost of capital or claims of <br />its customers to which service is made, from any cause howsoever arising. <br />In witness whereof, the Parties have caused this letter agreement to be duly executed as of the <br />day and year first written above. <br />ELK RIVER MUNICIPAL UTILITIES <br />A Minnesota Municipal Corporation <br />Bryan Adams <br />General Manager <br />This letter agreement is agreed to and accepted: <br />WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION <br />Lance Hovland <br />VP Energy Distribution <br />