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Met Council No.22I012 <br /> construction contractors and subcontractors associated with the Council Project will become the <br /> property of Council. <br /> 2. Upon Council becoming the owner of the Council Project, Council will be <br /> responsible for operation and maintenance of the Council Project including the connection <br /> structure. The City will own and be responsible for the City gravity, up to and including the <br /> valve. The Council will grant the City periodic access to the Council connection structure for <br /> operational purposes. <br /> XII. <br /> Liability <br /> 1. 1. To the extent authorized by law each party is responsible only for its own <br /> acts and the results of its acts. The Council's and City's liability is governed by the provisions of <br /> Minnesota Statutes, Chapter 466. <br /> 2. The Council and City each warrant that they have an insurance or self-insurance <br /> program with minimum coverage consistent with the liability limits in Minnesota Statutes, <br /> Chapter 466. Nothing in this agreement is a waiver or limitation of any immunity or limitation <br /> of liability by the Council or City. <br /> 3. The City will ensure that the construction contract associated with the Council <br /> Project includes clauses that: <br /> a. require the City's contractor to defend, indemnify, and hold harmless the <br /> Council, its officers, agents and employees from claims, suits, demands, damages, <br /> judgments, costs, interest, expenses (including reasonable attorney's fees, witness <br /> fees and disbursements) arising out of or by reason of the acts or omissions of the <br /> Contractor, its officers, employees, agents or subcontractors; <br /> b. require the contractor to provide and maintain insurance in the amounts <br /> specified in the attached Exhibit C,which is incorporated into this agreement, and <br /> name the Council as additional insured; and <br /> c. require the contractor to be an independent contractor for the purposes of <br /> completing the work on the Council Project. <br /> XIII. <br /> General Provisions <br /> All records kept by the Council and City with respect to the Council Project are subject to <br /> examination by representatives of each party. All data collected, created, received, maintained <br /> or disseminated for any purpose by the Council and City under this agreement are governed by <br /> Minnesota Statutes, Chapter 13("Act"), and the Minnesota Rules implementing the Act. <br /> 2. The City agrees to comply with all laws applicable to the City relating to <br /> 6 <br /> 155444v2 <br />