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Page 3 of 4 <br /> <br /> <br />E. INDEMNIFICATION <br />1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, <br />loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay <br />by reason of any negligent act by the City, its agents, officers or employees during the performance of <br />this Agreement. <br />2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, <br />loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by <br />reason of any negligent act by the County, its agents, officers or employees during the performance of <br />this Agreement. <br />3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and <br />shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed <br />a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section <br />471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another <br />party to this Agreement except to the extent they have agreed in writing to be responsible for the acts <br />or omissions of the other parties as provided for in Section 471.59, subd. 1a. <br />4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other <br />applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute <br />471.59, subdivision 1a. and that the total liability for the parties shall not exceed the limits on governmental <br />liability for a single unit of government as specified in 466.04, subdivision 1(a). <br />F. CONDITIONS <br />The City shall not assess or otherwise recover any portion of its cost for this project through special <br />assessment of County-owned property. <br /> <br />G. DATA PRACTICES <br />All data collected, created, received, maintained, disseminated, or used for any purposes in the course of <br />this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, <br />Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, <br />as well as state statutes and federal regulations on data privacy. <br /> <br />H. TERM <br />This Agreement shall remain in full force and effect until terminated by mutual Agreement of the parties. <br /> <br />I. COUNTERPARTS <br />This Agreement may be executed in counterparts. <br /> <br />J. SEVERABILITY <br />If any provision or provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, <br />legality, and enforceability of the remaining provisions shall not be affected. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />