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THE ENFORCEMENT AND ADMINISTRATION OF THE MINNESOTA STATE <br /> BUILDING CODE IS A PUBLIC SERVICE AND IS OF NECESSITY LIMITED IN NATURE. <br /> CONSEQUENTLY,ANY BUILDING PERMIT OF CERTIFICATE OF OCCUPANCY OR <br /> ANY BUILDING INSPECTIONS OR SERVICES RENDERED BY THE FIRE DEPARTMENT <br /> UNDER THIS AGREEMENT IS NOT TO BE CONSTRUED OR RELIED UPON BY THE <br /> MUNICIPALITY OR ANY OTHER PARTY AS ANY TYPE OF WARRANTY,GUARANTEE <br /> OR REPRESENTATION ON THE PART OF THE FIRE DEPARTMENT OR ANY <br /> INDIVIDUAL INSPECTOR ENGAGED TO ACT ON ITS BEHALF NOR THAT THE <br /> CONSTRUCTION OR FINISHED PRODUCT ARE NECESSARILY IN CONFORMANCE <br /> WITH THE MINNESOTA STATE BUILDING CODE OR OTHER APPLICABLE <br /> CONSTRUCTION STANDARDS. FURTHER,NEITHER THE FIRE DEPARTMENT NOR <br /> ANY INDIVIDUAL INSPECTOR PERFORMING INSPECTION OR RELATED SERVICES <br /> UNDER THIS AGREEMENT AGREES IN THIS AGREEMENT OR OTHERWISE TO <br /> ASSUME ANY RESPONSIBILITY OR LIABILITY FOR DAMAGES OF ANY NATURE <br /> ALLEGEDLY ARISING OUT OF THE ISSUANCE OF ANY BUILDING PERMIT OR <br /> CERTIFICATE OF OCCUPANCY OR ANY INSPECTIONS OR OTHER SERVICES <br /> PERFORMED AT THE REQUEST OF THE MUNICIPALITY UNDER THIS AGREEMENT. <br /> NOTHING IN` S RAGRAPH BRACE VE-EMED TO II r VAIVERBY THE C'. <br /> O MOi DSV E£OFANY LIMITATIONS ONOR IMMUNITIES FRSLIABILITI Sr <br /> SET IN WrasOTA STATUTES C TATTER.466 SII TO WHI G 'HE CITY OF; <br /> MOUNDS VIE OT I' SELECTED OFFICIALS,OFFICERS,EMPLOYEES, ,GEIS,VIDA <br /> LV/VJP:TAPYW4gEPTHERWISKTNTITUP. <br /> The Municipality will use its best efforts to ensure that substantially the foregoing language shall <br /> appear as an attachment or part of each building permit and certificate of occupancy issued by <br /> the Municipality. <br /> 7.3 The Municipality shall defend, indemnify and hold harmless the Fire Department <br /> and its officers, employees, agents and representatives from and against any and all claims, costs, <br /> losses, liabilities, expenses, demands, actions or causes of action, including without limitation <br /> reasonable attorneys' fees and other costs and expenses of litigation, which may arise out of this <br /> Agreement on account of services provided by the Fire Department or any of its officers, <br /> employees, agents or representatives hereunder or due to a breach by the City of any of its <br /> representations or warranties hereunder. The obligations of the Municipality under this Article <br /> VII shall survive the termination of this Agreement for whatever reason. <br /> ARTICLE VIII. ENFORCEMENT <br /> 8.1 If any claim, proceeding or action is brought by the Municipality or the Fire <br /> Department to enforce the provisions of this Agreement, the prevailing party shall be entitled, in <br /> addition to costs of suit, to reasonable attorneys' fees incurred in connection with any such claim, <br /> proceeding or action and the same may be awarded by the court having jurisdiction of such <br /> claim,proceeding or action. <br /> n:\users\canis\build.con Mounds View Building Inspector Contract- <br />