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<br />LA515-1-915333.v3 <br />City of Woodbury – Kyra Crepin City of Lake Elmo – Dustin Kalis <br />8301 Valley Creek Road 3880 Laverne Ave N. <br />Woodbury, MN 55125 Lake Elmo, MN 55042 <br /> <br />5. Limitation of Liability and Indemnification. Lake Elmo expressly agrees to relieve, <br />indemnify, defend, and hold harmless Woodbury, its officers, and employees from and <br />against any liability, claims, actions, damages, losses, and expenses, including but not <br />limited to reasonable attorney’s fees and costs arising out of the services provided under <br />this Agreement, including, but not limited to any alleged negligent or willful actions or <br />omissions on Lake Elmo’s part. <br />Lake Elmo also expressly releases and holds harmless Woodbury, its officers, and <br />employees from any and all liability, claims, actions, damages, losses, expenses, <br />including claims caused by Woodbury’s negligence, related to any physical injury, <br />including death, illness and/or damage of any kind incurred by as a result of the services <br />provided under this Agreement. <br />It is understood and agreed that Woodbury and Lake Elmo’s liability shall be limited by <br />the provisions of Minnesota Statutes Chapter 466 or other applicable law. <br />6. Term and Termination. The term of this Agreement shall be for the period commencing <br />on the date of the execution of this Agreement, and shall continue thereafter for five years <br />from January 1, 2024. This Agreement may be terminated earlier by mutual agreement of <br />the parties. <br />7. Miscellaneous Provisions <br />a. Governing Law and Venue. All issues concerning this Agreement will be <br />governed by and construed in accordance with the laws of the State of Minnesota, <br />without giving effect to any choice of law or conflict of law provision or rule