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9. Equal Opportunity. During the performance of this Agreement, the Contractor must not
<br />discriminate against any employee or applicant for employment because of race, color,
<br />creed, religion, national origin, sex, marital status, status with regard to public assistance,
<br />disability, or age. Violation of any part of this provision shall entitle the City to
<br />immediately terminate this Agreement upon written notification.
<br />10. Indemnification. To the fullest extent permitted by law, the Contractor, and its successors
<br />or assigns, agrees to protect, defend, save, and hold harmless the City, its officers, agents,
<br />and employees from all claims, suits, or actions of any kind, nature, or character, and the
<br />costs, disbursements, and expenses of defending the same including, but not limited to,
<br />attorneys' fees, professional services, and other technical, administrative, or professional
<br />assistance resulting from or arising out of the alleged negligence, breach of contract, or
<br />willful misconduct of the Contractor, its subcontractors, agents, or employees related to or
<br />arising out of the performance of, or failure to perform, the Services under this Agreement.
<br />Nothing herein shall be construed as a limitation on or waiver of any immunities or
<br />limitations on liability otherwise available to the City.
<br />11. Insurance. During the entire term of this Agreement, the Contractor must maintain
<br />workers' compensation insurance (to the extent required by law) and commercial general
<br />liability insurance for both bodily injury and property damage with a per occurrence limit
<br />of no less than $1,000,000 for each. The Contractor shall provide the City with a current
<br />certificate of liability insurance for all insurance coverage referenced above prior to
<br />performing any of the Services hereunder. Such certificate of liability insurance shall list
<br />the City as an additional insured and contain a statement that such policies of insurance
<br />shall not be canceled or amended unless 10 days' written notice is provided to the City.
<br />Losses other than those covered by insurance shall be Contractor's sole responsibility. The
<br />insurance requirements as set forth herein shall be considered to be minimum requirements
<br />only. Any other insurance that may be necessary to provide adequate coverage must be
<br />provided by Contractor and shall be its sole responsibility.
<br />12. Notices. Any notices permitted or required by this Agreement shall be deemed given when
<br />personally delivered or upon deposit in the United States mail, postage fully prepaid,
<br />certified, return receipt requested, addressed to:
<br />The City: The City of Mounds View
<br />2401 Mounds View Boulevard
<br />Mounds View, MN 55112
<br />Attn: City Administrator
<br />The Contractor: Rainbow Treecare
<br />1157 K-Tel Drive
<br />Minnetonka, MN 55343
<br />Jeff Hafner
<br />Or such other address as either party may provide to the other by notice given in accordance
<br />with this provision.
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