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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 />