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<br />the results thereof. The liability of the Council and the Commissioner of MMB is governed by the
<br />provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time
<br />to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the
<br />Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be
<br />amended, modified or replaced from time to time, then the liability of the Public Entity, including
<br />but not limited to the indemnification provided under Section 7.13, is governed by the provisions
<br />contained in such Chapter 466.
<br />Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss,
<br />expense (including attorneys’ fees), and damage in connection with the Project and operation of
<br />the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the
<br />Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and
<br />employees from all claims, demands and judgments made or recovered against the Council, the
<br />Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because
<br />of bodily injuries, including death at any time resulting therefrom, or because of damages to
<br />property of the Council, the Commissioner of MMB, or the State of Minnesota, or others
<br />(including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection
<br />with the Project or operation of the Real Property and, if applicable, Facility, whether or not due
<br />to any act of omission or commission, including negligence of the Public Entity or any contractor
<br />or his or 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 Council, the
<br />Commissioner of MMB, or the State of Minnesota, their employees, servants or agents.
<br />The Public Entity further agrees to indemnify, save, and hold the Council, the Commissioner
<br />of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising
<br />out of, resulting from, or in any manner attributable to any violation by the Public Entity, its
<br />officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any
<br />provision of the Minnesota Government Data Practices Act, including legal fees and
<br />disbursements paid or incurred to enforce the provisions contained in Section 7.06.
<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.
<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 of
<br />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.
<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 operation
<br />and maintenance of the Real Property and, if applicable, Facility shall not have any contractual
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