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<br />Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all
<br />loss, expense (including attorneys’ fees), and damage in connection with the Project and
<br />operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold
<br />harmless the Council, the Commissioner of MMB, and the State of Minnesota, their agents,
<br />servants and employees from all claims, demands and judgments made or recovered against the
<br />Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and
<br />employees, because of bodily injuries, including death at any time resulting therefrom, or
<br />because of damages to property of the Council, the Commissioner of MMB, or the State of
<br />Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental
<br />to, or in connection with the Project or operation of the Real Property and, if applicable, Facility,
<br />whether or not due to any act of omission or commission, including negligence of the Public
<br />Entity or any contractor or his or their employees, servants or agents, and whether or not due to
<br />any act of omission or commission (excluding, however, negligence or breach of statutory duty)
<br />of the Council, the Commissioner of MMB, or the State of Minnesota, their employees, servants
<br />or agents.
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<br />The Public Entity further agrees to indemnify, save, and hold the Council, the
<br />Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from
<br />all claims arising out of, resulting from, or in any manner attributable to any violation by the
<br />Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees,
<br />or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees
<br />and disbursements paid or incurred to enforce the provisions contained in Section 7.06.
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<br />The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried
<br />by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance
<br />policy.
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<br />Section 7.14 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 Public Entity, the Council, or the Commissioner of MMB,
<br />nor shall the Public Entity be considered or deemed to be an agent, representative, or employee
<br />of the Council, the Commissioner of MMB, or the State of Minnesota in the performance of this
<br />Agreement, the Project, or operation of the Real Property and, if applicable, Facility.
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<br />The Public Entity 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 Project, and the operation and
<br />maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity
<br />or other persons while engaging in the performance of this Agreement, the Project, or the
<br />operation and maintenance of the Real Property and, if applicable, Facility shall not have any
<br />contractual relationship with the Council, the Commissioner of MMB, or the State of Minnesota,
<br />and shall not be considered employees of any of such entities. In addition, all claims that may
<br />arise on behalf of said personnel or other persons out of employment or alleged employment
<br />including, but not limited to, claims under the Workers’ Compensation Act of the State of
<br />Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or
<br />employees shall in no way be the responsibility of the Council, the Commissioner of MMB, or
<br />the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any
<br />compensation, rights or benefits of any kind whatsoever from the Council, the Commissioner of
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