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5.1. ERMUSR 05-12-2009
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5.1. ERMUSR 05-12-2009
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5/12/2009 11:09:41 AM
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City Government
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ERMUSR
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5/12/2009
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D. Utilities and City shall provide the full cooperation and assistance of its officers, <br />employees, and agents to each other in the performance of this Agreement. <br />6. RELATIONSHIP OF THE PARTIES. The parties agree that nothing herein contained <br />is intended or should be construed in any manner as creating or establishing the <br />relationship of co-partners or joint employers between the parties or as constituting either <br />party as the agent, representative or employee of the other for any purposes or in any <br />manner whatsoever. <br />City shall be an independent contractor with respect to all services performed for Utilities <br />under this Agreement. City personnel who engage in the performance of this Agreement <br />shall not be considered employees of Utilities for the purposes of wages, benefits, <br />unemployment compensation worker's compensation or any other employment related <br />matters. <br />Employees of Utilities shall not be or become, nor be considered or treated as, employees <br />of City for any purpose by virtue of this Agreement. <br />7. INDEMNIFICATION AND INSURANCE. <br />A. Each party agrees that it will be responsible for its own acts and the results thereof to <br />the extent authorized bylaw and shall not be responsible for the acts of the other <br />party and the results thereof. Each party agrees to indemnify the other in accordance <br />with its responsibilities. The City's and the Utilities' liability is governed by <br />Minnesota Statutes, Chapter 466. <br />B. City and Utilities each warrant that they are able to comply with the foregoing <br />indemnity requirement through an insurance or self-insurance program. <br />8. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS. The parties agree not <br />to assign, subcontract, transfer or pledge this contract and/or the services to be performed <br />hereunder whether in whole or in part, nor assign any monies due or to become due to <br />them hereunder without prior written consent of the other party. <br />9. AMENDMENTS AND MODIFICATIONS. <br />A. The parties agree and understand that the entire Agreement between the parties is <br />contained herein and that this Agreement supersedes all oral agreements and <br />negotiations between the parties relating to the subject matter hereof. All items <br />referred to in this Agreement are incorporated or attached and are deemed to be part <br />of this Agreement. <br />B. The parties may from time to time make amendments or modifications to this <br />
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