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4 <br />LA515\1\936732.v3 <br />Nothing in this Agreement shall be deemed a waiver by the City of the limitations on liability <br />set forth in Minnesota Statutes Chapter 466. <br /> <br />14. Insurance. Focus at its expense, during the term of this Agreement, shall keep in full force <br />and effect a policy or policies of occurrence based commercial general liability insurance, <br />providing coverage for personal property damage, personal injury, and contractual liability. <br />Focus shall provide the City with a certificate of insurance effective immediately with a <br />minimum coverage of the City’s minimum statutory tort liability and naming the City as an <br />additional insured. The sufficiency of the certificate of insurance is subject to the review and <br />approval of the City. <br /> <br />15. Assignment. Neither party shall assign this Agreement or any of the rights or duties arising <br />under this Agreement to any third party without the written consent of the other. <br /> <br />16. Notices. All notices required under this Agreement must be in writing and provided to the <br />designated contact person for the other party. The parties shall keep each other informed in <br />writing of any change in the designated contact person. At the time of the execution of this <br />Agreement, the following persons are the designated contacts: <br /> <br /> <br />Focus Contact City Contact <br /> <br /> Jack Griffin City Administrator <br />Focus Engineering City of Lake Elmo <br />3800 Laverne Avenue N. 3880 Laverne Avenue N. <br /> Lake Elmo, MN 55042 Lake Elmo, MN 55042 <br /> <br />17. Severability. If any portion of this Agreement is declared by a court to be illegal or in conflict <br />with any law, the validity of the remaining terms and conditions shall not be affected and the <br />rights and obligations of the parties under this Agreement shall be construed and enforced as <br />if the Agreement did not contain the particular provision held to be invalid. <br /> <br />18. No Joint Venture or Partnership. This Agreement does not create the relationship of principal <br />and agent or of partnership or of joint venture or of any association between the City and <br />Focus, the sole relationship of the parties being that of owner and user under this Agreement. <br /> <br /> <br /> <br />