Agenda Packets - 1994/10/11 - Laserfiche WebLink

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10. WAIVER OF CLAIM AND RESERVATION OF RIGHT. State agrees to waive any claims against Mounds View and Arden Hills arising from the construction, use, or any malfunction of the Public Water Facilities, except to the extent that such claims arise from the negligence or otherwise wrongful act or omission of Mounds View or Arden Hills. By entering into this Agreement, the State does not waive any of its rights, privileges or immunities. 11. INSURANCE AND PERFORMANCE BOND. Prior to construction of the Public Water Facilities, State shall require that its contractor provide Mounds View and Arden Hills with an insurance certificate, acceptable to each City' s attorney which shall indicate as a minimum: • 11 . 1 That Mounds View and Arden Hills have been named as additional insured parties on the State contractor' s policy. 11. 2 That State ' s contractor will have, in force, during construction, the following minimum insurance coverages for Public Bodily Injury and Property Damage: a. Public Bodily Injury: $250,000 for each person $600, 000 total injuries for one occurrence. b. Property Damage: $100, 000 for one occurrence $200,000 total damages during policy period $100,000 automobile damage for each occurrence. 11.3 That the insurance policies may not be terminated without at least 10 days written notice to insured parties. 11 .4 State shall provide Mounds View and Arden Hills with copies of its Contractor' s Payment and Performance Bond. 12. REMEDIES. The remedies for violation of any of the terms of this Agreement are as follows: 12. 1 All parties preserve legal and equitable remedies that may be available to them. 12.2 Any party may seek to terminate this Agreement pursuant to the provisions of Section 15 herein.