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damage to the property of any third person or persons, arising out of any act or omission on the part of the indemnifying Member or Paying Affiliate or any of its agents, servants or employees in the performance . of or with relation to any of the work or services provided by Members or Paying Affiliates under the terms of this Agreement. Section 2. Nothing in this Agreement shall constitute a waiver by either Members or Paying Affiliates or the Users Group of any limitation of liability under Minnesota Statutes Chapter 466. Section 3. Under no circumstances, however, shall a Member or Paying Affiliate be required to pay on behalf of itself and other Members or Paying Affiliates, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Member or Paying Affiliate. The limits of liability for some or all of the Members or Paying Affiliates may not be added together to determine the maximum amount of liability for any Member or Paying Affiliate. SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY: Section 1. The Members and Paying Affiliates and the Users Group agree to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability or age. Section 2. When required by law and requested by the other party, the Users Group shall furnish a written affirmative action plan to the Members and Paying Affiliates. SECTION XVII. DATA PRACTICES: . Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course of either the Member's or Paying Affiliate's or the Users Group's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and Paying Affiliates and the Users Group agree to abide strictly by these statutes, rules and regulations. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on this 14th day of December, 2005. ORGANIZATION: Falcon Heights Moved by: Approved: Susan L. Gehrz, Mayor December 14, 2005 GEHRZ KUETTEL LAMB LINDSTROM • TALBOT In Favor Attested: Heather M. Worthington City Administrator December 14, 2005 Against 26 ~CHG02:40069922.v1 ~9/28/OS 11:33 AM