#08 - Baywest Access Agreement - Laserfiche WebLink

Home Browse Search

Page 6 Doc# 2596240 Page 6 of 9 walk with the Property Owner to note any remaining removal or cleaning actions per the agreed-upon activities to complete site restoration. 10. Bay West Liability. Bay West shall assume all liability for the actions and operations of its employees, contractors, consultants, agents, and invitees while performing work on the Property and conducting public visits and tours. Bay West shall indemnify, defend, and hold the City and its officials, employees, agents, and contractors harmless from and against any and all loss, damage, injury, or liability resulting from Bay West’s performance under this Agreement, including allowing the public to access the Property and from any negligent acts of Bay West’s employees, agents, and contractors and their employees and agents. Notwithstanding any provision to the contrary, Bay West shall not be required to indemnify the City, its officials, employees, agents or contractors for any loss, damage, injury or liability was caused by the negligence or willful misconduct of the City, its officials, employees, agents or contractors and Notwithstanding the foregoing, Bay West shall not be liable or otherwise responsible for any existing c ontamination on the Property that was not removed by Bay West during its testing on the Property. 11. This Agreement binds and benefits the parties and their successors and assigns and may only be modified by written agreement of the parties. This Agreement may not be assigned, transferred, or conveyed by either party without the express written consent of the other, which consent may be granted in such other party’s sole and absolute discretion. 12. The laws of the State of Minnesota shall govern this Agreement. 13. All work on the Property completed by Bay West, its employees, contractors or agents and associated with the Project shall be at Bay West’s sole cost and expense. 14. Bay West and its contractors, subcontractors, and agents must carry insurance during the term of this Agreement in accordance with the following requirements: A. Workers’ compensation insurance with limits as provided by statute, with all necessary statutory elections to provide coverage for actions brought by claims made by any person doing work on the Property pursuant to this Agreement. B. Comprehensive auto liability insurance with minimum combined single limits of $1,500,000 per occurrence. C. Comprehensive general liability insurance with minimum combined single limits of $1,500,00 per occurrence. D. The Party(ies) supplying the Testing Facilities and/or any vehicles, materials, or equipment (“Facilities & Equipment”) stored on the Property, shall carry the necessary insurance to cover said Facilities & Equipment. E. The comprehensive general liability insurance policy must include the City as an additional insured.