09-22-25 - City Council Agenda - Laserfiche WebLink

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Damage to Equipment: Each Party shall be responsible for damage to its own equipment. Each party waives the right to sue any other Party for any damage to its equipment, even if the damage was caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Liability: 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. § 466.01, subd. 6) of the Requesting Party. 2. The Requesting party agrees to indemnify and defend against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the Party of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this Agreement. 3. Under no circumstances, however, shall a Party be required to pay on behalf of itself and other Parties, 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 some or all of the Parties may not be added together to determine the maximum amount of liability for any Party. No Party waives any immunities or limits on liability it enjoys under Minnesota Statutes or common law. 4. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating these reciprocal duties to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 5. No Party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish assistance to any other Party, or for recalling assistance, both as described in this Agreement. 6. Failure to provide assistance will not result in liability of a Party. General Provisions: 1. Amendment. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same Parties who executed and approved the original Agreement, or their successors in office. 2. General Compliance. Both Parties agree to comply with all applicable federal, state and local laws and regulations governing any services provided under this Agreement. 3. Non-Discrimination. Both Parties agree to comply with the provisions of all applicable federal and state statutes and regulations pertaining to civil rights and nondiscrimination including, without limitation, Minnesota Statutes, Section 181.59. 4. Severability. Should a court of competent jurisdiction rule any portion, section or subsection of this Agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shall remain in full force and effect. 5. Assignment. This Agreement is not assignable without the mutual written agreement of the Parties. 6. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior communications, understandings and agreements relating the subject matter hereof, whether oral or written. 7. Data Practices. The Parties agree that they will abide by the Minnesota Government Data Practices Act and all other statutes or provisions of law related to data practices, data management and records retention. Each Party shall remain the exclusive responsible authority for its own data management for responses to data requests and for all aspects of records retention for any and all data that is collected, created, received, maintained or disseminated by the Party as a result of any activity arising out of this Agreement. Page 218 of 228