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projects with a construction cost of less than $1,500,000.00, or any other capital project with a
<br />construction cost of less than $750,000.00.
<br />Section 6,11 Prevailing Wages. The Grant Recipient agrees to comply with all of the
<br />applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those
<br />provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended,
<br />modified or replaced from time to time with respect to the Project and the operation of the Real
<br />Property and, if applicable, Facility as intended by the Minnesota Legislature. By agreeing to this
<br />provision, the Grant Recipient is not acknowledging or agreeing that the cited provisions apply
<br />to the Project or to the operation of the Real Property and, if applicable, Facility.
<br />Section 6.12 Liability. The Grant Recipient and the State Entity agree that they will,
<br />subject to any indemnifications provided herein, be responsible for their own acts and the results
<br />thereof to the extent authorized by law, and they shall not be responsible for the acts of the other
<br />party and the results thereof. The liability of both the State Entity and the Commissioner of
<br />Management and Budget is governed by the provisions contained in Minn. Stat. § 3336, as it
<br />may be amended, modified or replaced from time to time. If the Grant Recipient is a
<br />"municipality" as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the
<br />date of this Agreement and as such may subsequently be amended, modified or replaced from
<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 />Little Caanda GO Bond Proceeds Grant Agreement Ver — 5/06/15
<br />for MnDOT Antiquated Equipment Grants 24
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