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<br />(excluding, however, negligence or breach of statutory duty) of the State Entity. the
<br />Commissioner of Finance, and the State of Minnesota, their agents and employees.
<br />The Public Entity further agrees to indemnify, save, and hold the State Entity, the
<br />Commissioner of Finance, and the State of Minnesota, their agents and employees, harmless
<br />from all claims arising out of, resulting from, or in any manner attributable to any violation by
<br />the Public Entity, its officers, employees, or agents, or by any Usee, its officers, employees. or
<br />agents, of any provision of the Minnesota Government Data Practices Act, including legal fees
<br />and disbursements paid or incurred to enforce the provisions contained in Section 6.0~.
<br />The Public Entity's liability hereunder shall not be limited to the extent of insurance carried
<br />by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance
<br />policy.
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<br />Section 6.11 Relationship of the Parties. Nothing contained in this Agreement is
<br />intended or should be construed in any manner as creating or establishing the relationship of co-
<br />partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of
<br />Finance, nor shall the Public Entity be considered or deemed to be an went, representative, or
<br />employee of either the State Entity, the Commissioner of Finance, or the State of Minnesota, in
<br />the performance of this Agreement, the completion of the Predesign Stage, or, if and when
<br />accomplished, the acquisition of an interest in and, if applicable, the improvement of the Real
<br />Property and, in addition and if applicable, the acquisition, improvement, renovation,
<br />rehabilitation, or new construction of the Facility or contemplated use of the Real Property and, if
<br />applicable, the Facility.
<br />The Public Entity represents that it has already or will secure or cause to be secured all
<br />persons required for the performance of this Agreement, the completion of the Predesign Stage,
<br />and, if and when accomplished, the acquisition of an interest in and, if applicable, the
<br />improvement of the Real Property and, in addition and if applicable, the acquisition,
<br />improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use
<br />of the Rea] Property and, if applicable, the Facility. All personnel of the Public Entity or other
<br />persons while engaging in the performance of this Agreement, the completion of the Predesign
<br />Stage, or, if and when accomplished, the acquisition of an interest in and, if applicable, the
<br />improvement of the Real Property and, in addition and if applicable, the acquisition,
<br />improvement, renovation, rehabilitation, or new construction of the Facility or contemplated use
<br />of the Real Property and, if applicable, the Facility, shall not have any contractual relationship
<br />with either the State Entity, the Commissioner of Finance, or the State of Minnesota, and shall
<br />not be considered employees of any of such entities. In addition, all claims that may or might
<br />arise on behalf of said personnel or other persons while so engaged out of employment or alleged
<br />employment including, but not limited to, claims under the Workers' Compensation Act of the
<br />State of Minnesota, claims of discrimination against the Fublic Entity, its officers, agents,
<br />contractors, or employees shall in na way be the responsibility of either the State Entity, the
<br />Commissioner of Finance, or the State of Minnesota. Such personnel or other persons shall not
<br />require nor be entitled to any compensation, rights or benefits of any kind whatsoever from either
<br />the State Entity, the Commissioner of Finance, or the State of Minnesota including, but not
<br />limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits,
<br />severance pay and retirement benefits.
<br />Generic GO Grant Agreement
<br />for Pre-Design or Design Grants
<br />?1
<br />V"er - i/30/03
<br />(Gore GO GA-PrDsgn Grnt)
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