07-10-2023 City Council Packet - Laserfiche WebLink

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4. (o) Each party shall require the proposed developer to establish an escrow in an amount determined by that party to cover review costs, and any review costs incurred by that party shall be reimbursed from the escrow required by that party. 3.3) Joint Planning. Lino Lakes and Columbus agree to exchange all data generated by the Parties pertaining to future land use, transportation, public utilities, parks, and development concepts within the Scannell Business Park. ARTICLE 4. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purpose by the Parties because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota rules implementing such act now in force or as amended as well as federal regulations on data privacy. ARTICLE 5. INDEPENDENT CONTRACTORS The Parties acknowledge that each Party is solely responsible for payment of all wages, benefits, taxes, and insurance on behalf of its employees or agents relating to planning and environmental review in the Geographic Area. It is expressly understood that neither Party can compel the other to perform work, nor will one Party be obligated to reimburse the other, without mutual consent. Nothing contained in this Agreement can or will be interpreted as creating an employee relationship between the Parties and no employee of either party will be considered an employee of the other party. ARTICLE 6. INDEMNIFICATION AND INSURANCE 6.1) Indemnification. Each Party (hereinafter referred to as the Indemnifying Party) agrees to defend, indemnify, and hold harmless the other Parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the Indemnifying Party and/or those of the Indemnifying Parties’ employees or agents. Under no circumstances, however, will an Indemnifying Party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for all Parties may not be added together to determine the maximum amount of liability for either Party. The intent of this paragraph is to impose on each Party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against both Parties from a single occurrence to be defended by a single attorney.