Resolution 8726 - Laserfiche WebLink

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oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 3.7 Both parties agree to comply with all applicable state, federal and local laws, rules, and regulations. 3.8 This Agreement may be terminated by either party on 20 days written notice for any reason. 3.9 New Brighton agrees to defend, indemnify and hold harmless Mounds View, and its officials, agents, and employees from and against all claims, actions, damages, losses, and expenses arising out of or resulting from New Brighton's performance of the duties required under this Agreement, to the extent caused by any negligent act or omission or willful misconduct of New Brighton. Mounds View will reimburse New Brighton for any payments made by New Brighton under the deductible provision of its liability insurance policy for claims indemnified or defended by New Brighton under this paragraph. 3.10 Mounds View agrees to defend, indemnify and hold harmless New Brighton, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Mounds View's performance of the duties required under this Agreement, to the extent caused by any negligent act or omission or willful misconduct of Mounds View. 3.11 Each party shall carry liability insurance in the amount of at least $500,000 per individual and $1,500,000 per occurrence, and property damage liability insurance in the amount of $100,000. Each party shall have the other named as an additional insured, and provide a certificate of said insurance. Each party shall carry workers' compensation insurance as required by Minnesota Statutes Section 176.181, subdivision 2 and will provide a certificate of said insurance to the other. 3.12 Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes Chapter 466. 3.13 Any employee assigned by New Brighton to perform its obligations hereunder shall remain the exclusive employee of New Brighton for all purposes including, but not limited to, wages, salary, and employee benefits. 3.14 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the person employed by New Brighton as the agent, representative or employee of Mounds View for any purpose or in any manner whatsoever. New Brighton is to be and shall remain an independent contractor with respect to all services performed under this Agreement. New Brighton represents that it has, or will secure at its own expense, all personnel required in performing services under 4 495061v1 SJS NE136-8