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8. Storage. Borrower shall store the Equipment in a safe place while in the Borrower’s <br />possession. <br /> <br />9. Insurance. The Borrower agrees to maintain the appropriate automobile, property and <br />liability coverages with the League of Minnesota Cities Insurance Trust under standard <br />LMCIT liability coverage forms. The Borrower shall add the Lender as an “additional <br />insured” to the Borrower’s liability coverage for purposes of this Agreement. The <br />Borrower’s coverage shall be primary and non-contributory to any other coverage available <br />to the Lender. [Note: Under the LMCIT coverage document, a covered party includes any <br />person or organization from whom a city leases premises or equipment that is not an <br />automobile and to whom the city is contractually obligated to have named as an additional <br />covered party under an agreement.] <br /> <br />10. Workers’ Compensation. The Borrower shall be responsible for injuries to or death of its <br />own personnel while using the Equipment. The Borrower will maintain workers’ <br />compensation insurance covering its own personnel while they are using the Equipment. <br />The Borrower waives the right to sue the Lender for any workers’ compensation benefits <br />paid to its own personnel or their dependents, even if the injuries were caused wholly or <br />partially by the negligence of the Lender or its officers, employees, volunteers or agents. <br /> <br />11. Damage to Equipment. The Borrower shall be responsible for any damage to or loss of the <br />Equipment while the Equipment is in the Borrower’s possession. <br /> <br />12. Indemnification. To the fullest extent permitted by law, without waiver of any the <br />Borrower’s immunities or limits on liability pursuant to Minnesota Statutes, Chapter 466 or <br />any other applicable law, the Borrower agrees to defend, indemnify and hold the Lender <br />harmless against any claims brought or actions filed against the Lender or any officer, <br />employee or agent of the Lender for injury to, death of, or damage to the property of any <br />third person or persons, arising from the Borrower’s negligent use of the Equipment or the <br />Borrower’s failure to perform its obligations under this Agreement. <br /> <br />13. Entire Agreement. This Agreement supersedes any prior or contemporaneous <br />representations or agreements, whether written or oral, between the Borrower and Lender <br />and contains the entire agreement. <br /> <br />14. Amendments. Any modification or amendment to this Agreement shall require a written <br />agreement signed by both the Borrower and the Lender. <br /> <br />15. Governing Law. This Agreement shall be governed by and interpreted in accordance with <br />the laws of the State of Minnesota. <br /> <br />16. Captions. Captions or headings contained in this Agreement are included for convenience <br />only and form no part of the agreement between the Borrower and the Lender. <br /> <br />17. Waivers. The waiver by either the Borrower or the Lender of any breach or failure to <br />comply with any provision of this Agreement by the other party shall not be construed as, <br />78 of 99