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The parties agree that their respective employees will act collaboratively but exercise <br />independent judgment, discretion, and acts within each respective employee's area of <br />responsibility or authority, this includes independent assessment and exercise of authority <br />under Minnesota Statutes chapters 148E, 2538, 626, 629 and any other statutory or other <br />applicable authority. The parties agree and stipulate that none of its employees or agents has <br />the authority to require the employees or agents of the other party to exercise any <br />independent authority reserved by law. <br />Waiver. <br />The waiver by either party of any breach under the terms of this Agreement or any rights or <br />remedies arising under the terms of this Agreement will not constitute a waiver of the party's <br />right to any rights and/or remedies with respect to any subsequent breach or default of the <br />terms of the Agreement. <br />Subcontracting. <br />Provider agrees not to enter into any subcontracts for any of the work contemplated under this <br />Agreement without obtaining prior written approval of the City. <br />Insurance. <br />Provider is required to carry insurance of the kind and in the amounts shown below for the life <br />of the Agreement. Certificates for General Liability Insurance should state that the City of White <br />Bear Lake, its officials, employees, agents and representatives are Additional Insureds. <br />General or Business Liability Insurance <br />$1,500,000 per occurrence <br />$2,000,000 aggregate per project <br />$2,000,000 products/completed operations total limit <br />$1,500,000 personal injury and advertising <br />Policy must include an "all services, products, or completed operations" endorsement when <br />appropriate. <br />Worker's Compensation and Employer's Liability. Provider must maintain <br />appropriate Worker's Compensation coverage as required by Minnesota law. <br />3. Professional Liability Insurance is required when a contract is for service for which <br />professional liability insurance is available for purchase. <br />a. $1,000,000 per occurrence <br />b. $2,000,000 aggregate <br />Page 7 of 9 <br />