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8. Data Practices. Consultant agrees to comply with the Minnesota Government Data
<br />Practices Act (Minnesota Statutes, chapter 13), and all other applicable laws, related to data it
<br />creates or receives from City in the performance of the Services.
<br />9. Legal Compliance. Tubman shall comply with all applicable federal, state, and local laws,
<br />rules, regulations, and ordinances in providing the Services and shall obtain all permits and
<br />permissions that may be required. This Agreement shall be governed by and construed
<br />according to the laws of the State of Minnesota.
<br />10. Indemnification. Tubman agrees to defend, indemnify and hold harmless, City, its officials,
<br />officers, agents and employees from any liability, claims, causes of action, judgments,
<br />damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or
<br />indirectly from any act or omission of Tubman, its offices, employers, agents, contractors or
<br />subcontractors or anyone directly or indirectly employed by them, or anyone volunteering for
<br />them, or anyone for whose acts or omissions they may be liable in the performance of the
<br />Services and against all loss by reason of the failure of Tubman to perform fully, in any
<br />respect, all obligations under this Agreement. Nothing in this Agreement shall constitute a
<br />waiver by City of any limits on or exclusions from liability available to it under Minnesota
<br />Statutes, chapter 466 or other law.
<br />11. Amendments. No modification, amendment, deletion, or waiver in the terms of this
<br />Agreement, or any expansion in the scope of the Services, is valid unless it is in writing and
<br />signed by the parties.
<br />12. Notices. Any notice or demand authorized or required under this Agreement shall be in
<br />writing and shall be sent by certified mail to, with respect to City, the Contract Manager and,
<br />with respect to Tubman, to Tubman's contact person, each as identified at the outset of the
<br />Agreement.
<br />13. Nondiscrimination. Tubman agrees to abide by the requirements and regulations of The
<br />Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn.
<br />Stat. Chap. 363), and Title VI1 of the Civil Rights Act of 1964. These laws deal with
<br />discrimination based on race, gender, disability, and religion, and with sexual harassment.
<br />Violation of any of the above laws can lead to the immediate termination of this Agreement
<br />without needing to provide a cure period.
<br />14. Insurance. Consultant shall secure and maintain such insurance as will protect Consultant
<br />from claims under the Worker's Compensation Acts, automobile liability, and from claims
<br />for bodily injury, death, or property damage which may arise from the performance of
<br />services under this Agreement. Such insurance shall be written for amounts not less than:
<br />Commercial General Liability (or in combination with an umbrella policy)
<br />$2,000,000 Each Occurrence
<br />$2,000,000 Products/Completed Operations Aggregate
<br />$2,000,000 Annual Aggregate
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