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MnDOT Contract No.: 1060495 <br />-12- <br />Payable DCP and State Encumbering and Paying TH Portion <br />10.1. The State's Authorized Representative will be: <br />Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) <br />Address: 395 John Ireland Boulevard, Mailstop 682, Saint Paul, MN 55155 <br />Telephone: (651) 366-4634 <br />Email: malaki.ruranika@state.mn.us <br />10.2. The City's Authorized Representative will be: <br />Name, Title: Nicole Miller, City Administrator (or successor) <br />Address: 3880 Laverne Avenue North, Lake Elmo, MN 55042 <br />Telephone: (651) 747-3900 <br />Email: nmiller@lakeelmo.gov <br />10.3. The County's Authorized Representative will be: <br />Name, Title: Wayne Sandberg, County Engineer (or successor) <br />Address: 11660 Myeron Road North, Stillwater, MN 55082 <br />Telephone: (651) 430-4339 <br />Email: wayne.sandberg@washingtoncountymn.gov <br />11. Assignment; Amendments; Waiver; Contract Complete <br />11.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the <br />prior consent of the other party and a written assignment agreement, executed and approved by the same <br />parties who executed and approved this Agreement, or their successors in office. The foregoing does not <br />prohibit the City or the County from contracting with a third-party to perform City or County maintenance <br />responsibilities covered under this Agreement. <br />11.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has <br />been executed and approved by the same parties who executed and approved the original Agreement, or <br />their successors in office. <br />11.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the <br />provision or the party's right to subsequently enforce it. <br />11.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the <br />City, and the County. No other understanding regarding this Agreement, whether written or oral, may be <br />used to bind either party. <br />12. Liability; Worker Compensation Claims; Insurance <br />12.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law <br />and will not be responsible for the acts and omissions of others and the results thereof. Minnesota <br />Statutes § 3.736 and other applicable law governing liability of the State. Minnesota Statutes Chapter 466 <br />and other applicable law governing liability of the City and the County. <br />12.2. Notwithstanding the foregoing, the County will indemnify, hold harmless, and defend (to the extent <br />permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, <br />costs (including reasonable attorney's fees), and expenses arising in connection with the Project covered <br />by this Agreement, regardless of whether such claims are asserted by the County's contractor(s) or <br />consultant(s) or by a third party because of an act or omission by the County, or their contractor(s) or <br />consultant(s). <br />12.3. Each party is responsible for its own employees for any claims arising under the Workers Compensation <br />Act.