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MnDOT Agreement #06820
<br />time to time, then the liability of the Grant Recipient, including but not limited to the
<br />indemnification provided under Section 6.13, is governed by the provisions contained in such
<br />Chapter 466.
<br />Section 6.13 Indemnification by the Grant Recipient. The Grant Recipient shall bear
<br />all loss, expense (including attorneys' fees), and damage in connection with the completion of
<br />the Project or operation of the Real Property and, if applicable, the Facility, and agrees to
<br />indemnify and hold harmless the State Entity, the Commissioner of Management and Budget,
<br />and the State of Minnesota, their agents, servants and employees from all claims, demands and
<br />judgments made or recovered against the State Entity, the Commissioner of Management and
<br />Budget, and the State of Minnesota, their agents, servants and employees, because of bodily
<br />injuries, including death at any time resulting therefrom, or because of damages to property of
<br />the State Entity, the State of Minnesota, or others (including loss of use) from any cause
<br />whatsoever, arising out of, incidental to, or in connection with the completion of the Project or
<br />operation of the Real Property and, if applicable, the Facility, whether or not due to any act of
<br />omission or commission, including negligence of the Grant Recipient or any Contractor or his or
<br />their employees, servants or agents, and whether or not due to any act of omission or
<br />commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the
<br />Commissioner of Management and Budget, and the State of Minnesota, their employees,
<br />servants or agents.
<br />The Grant Recipient further agrees to indemnify, save, and hold the State Entity, the
<br />Commissioner of Management and Budget, and the State of Minnesota, their agents and
<br />employees, harmless from all claims arising out of, resulting from, or in any manner attributable
<br />to any violation by the Grant Recipient, its officers, employees, or agents, or by any Usee, its
<br />officers, employees, or agents, of any provision of the Minnesota Government Data Practices
<br />Act, including legal fees and disbursements paid or incurred to enforce the provisions contained
<br />in Section 6.06.
<br />The Grant Recipient's liability hereunder shall not be limited to the extent of insurance
<br />carried by or provided by the Grant Recipient, or subject to any exclusions from coverage in any
<br />insurance policy.
<br />Section 6.14 Relationship of the Parties. Nothing contained in this Agreement is
<br />intended or should be construed in any manner as creating or establishing the relationship of co-
<br />partners or a joint venture between the Grant Recipient, the State Entity, or the Commissioner of
<br />Management and Budget, nor shall the Grant Recipient be considered or deemed to be an agent,
<br />representative, or employee of either the State Entity, the Commissioner of Management and
<br />Budget, or the State of Minnesota in the performance of this Agreement, the completion of the
<br />Project, or operation of the Real Property and, if applicable, the Facility.
<br />The Grant Recipient represents that it has already or will secure or cause to be secured all
<br />personnel required for the performance of this Agreement and the completion of the Project and
<br />the operation and maintenance of the Real Property and, if applicable, the Facility. All personnel
<br />of the Grant Recipient or other persons while engaging in the performance of this Agreement, the
<br />completion of the Project, or the operation and maintenance of the Real Property and, if
<br />Little Caanda GO Bond Proceeds Grant Agreement Ver — 5/06/15
<br />for MnDOT Antiquated Equipment Grants 3 2
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