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this Agreement. Any and all personnel of New Brighton or other persons, while engaged <br /> in the performance of any work or services required by New Brighton under this <br /> Agreement, shall have no contractual relationship with Mounds View and shall not be <br /> considered employees of Mounds View, and any and all claims that may or might arise <br /> under the Worker's Compensation Act of the State of Minnesota on behalf of said <br /> personnel or other persons while so engaged, and any and all claims whatsoever on <br /> behalf of any such person or personnel arising out of employment or alleged employment <br /> including, without limitation, claims of discrimination against New Brighton, its officials, <br /> agents, contractors, or employees shall in no way be the responsibility of Mounds View; <br /> and New Brighton shall defend, indemnify and hold Mounds View, its officials, agents, <br /> and employees harmless from any and all such claims regardless of any determination of <br /> any pertinent tribunal, agency, board, commission, or court. Such personnel or other <br /> persons shall not require nor be entitled to any compensation, rights, or benefits of any <br /> kind whatsoever from Mounds View, including, without limitation, tenure rights, medical <br /> and hospital care, sick and vacation leave, workers' compensation, unemployment <br /> compensation, disability, severance pay, and PERA. <br /> 5 <br /> 495061v1 SJS NE136-8 <br />