Laserfiche WebLink
DEPARTMENT OR ANY INDIVIDUAL INSPECTOR ENGAGED BY THE MUNICIPALITY OR <br /> THE FIRE DEPARTMENT IS NOT TO BE CONSTRUED OR RELIED UPON AS ANY TYPE <br /> OF WARRANTY, GUARANTEE OR REPRESENTATION ON THE PART OF THE <br /> MUNICIPALITY OR THE FIRE DEPARTMENT OR ANY INDIVIDUAL INSPECTOR <br /> • <br /> ENGAGED TO ACT ON THEIR BEHALF NOR THAT THE PLANS, CONSTRUCTION OR <br /> FINISHED PRODUCT ARE NECESSARILY IN CONFORMANCE WITH THE MINNESOTA <br /> • STATE BUILDING CODE OR OTHER APPLICABLE CONSTRUCTION STANDARDS. <br /> FURTHER, NEITHER THE MUNICIPALITY NOR THE FIRE DEPARTMENT OR ANY <br /> INDIVIDUAL INSPECTOR PERFORMING INSPECTION OR RELATED SERVICES AGREE <br /> TO 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 IN CONNECTION WITH THE ISSUANCE OF ANY BUILDING PERMIT OR <br /> CERTIFICATE OF OCCUPANCY. <br /> 7.4 The Municipality will use its'best efforts to ensure that substantially the foregoing <br /> language set forth in Subsection 7.3 above (with appropriate and mutually agreed modification as <br /> may be necessary or desirable to protect the Municipality,the Fire Department and their respective <br /> • <br /> officers, employees, agents and representatives) shall appear as an attachment or part of each <br /> building permit and certificate of occupancy issued by the Municipality. <br /> 7.5 The Municipality shall defend,indemnify and hold harmless the Fire Department and <br /> its officers,employees,agents and representatives from and against any and all claims,costs,fines, <br /> penalties, losses, liabilities, expenses, demands, actions or causes of action, of whatever kind and <br /> in whatever amount, including without limitation reasonable attorneys' fees and other costs and <br /> expenses of litigation, which may arise out of this Agreement on account of services provided by <br /> the Fire Department or any of its officers, employees, agents or representatives hereunder or due to <br /> a breach by the Municipality of any of its representations,warranties or covenants hereunder. The <br /> obligations of the Municipality under this Article VII shall survive the termination ofthis Agreement <br /> 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 claim, <br /> proceeding or action. - <br /> ARTICLE IX. CHOICE OF LAW <br /> 9.1 The provisions of this Agreement shall be construed in accordance with the internal <br /> laws (without regard to the laws of conflicts)of the state of Minnesota. <br /> Doc# 1100691\7 5 <br />