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whomsoever for claims, damages, action, or cause of action of any kind or <br />character arising out of or by reason of the performance of any work or part <br />hereof by the MTC as provided for herein; and the MTC further agrees to <br />defend at its sole cost and expense, and indemnify and hold harmless the City <br />from any action or proceeding commenced for the purpose of asserting any <br />claim of whatsoever character arising in connection with or by virtue of <br />performance hereunder by the MTC. <br />b. Indemnification of the MTC by the City. It is further agreed that the MTC <br />shall not be responsible or liable to the City or to any other person or persons <br />whomsoever for claims, damages, action, or cause of action of any kind or <br />character arising out of or by reason of the performance of any work or part <br />thereof by the City as provided for herein; and the City further agrees to defend <br />at its sole cost and expense, and indemnify and hold harmless the MTC from <br />any action or proceeding commenced for the purpose of asserting any claim of <br />whatsoever character arising in connection with or by virtue of performance <br />hereunder by the City. <br />Application of Minnesota Statutes, Ch. 466. Nothing herein shall be deemed <br />a waiver of the limitations or liability set forth in Minnesota Statutes, Ch. 466. <br />3. Reservation of Rights Under Minnesota Statutes §473.411, Subd. 5. Nothing in this <br />agreement is intended to waive the rights of either the MTC or the City under <br />Minnesota Statutes §473.411, subd. 5, a true and correct copy of which is attached <br />hereto as Exhibit C. <br />4. Term of Agreement; Termination of Agreement. _This Agreement . shall commence <br />on the date first written above, and shall be of full force and effect until such time as it <br />is terminated by either party in accordance with this section. Either party may <br />terminate this Agreement without cause upon sixty (60) days written notice to the other <br />Pay. <br />In the event of the termination of this Agreement by the MTC or the City, such <br />termination shall not negate any rights the MTC or the City may have: <br />(i) Pursuant to any applicable Minnesota Statutes; <br />(ii) As to bus stops located, bus stop signs installed or replaced pursuant to this <br />Agreement; or <br />(iii) Pursuant to Section 2 of this Agreement. <br />5. Other Agreements. <br />7/22003688 10/8/93 3 <br />Page 114 <br />