Resolution 10096 - 2025/05/05 - Laserfiche WebLink

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7. The City, its officers, agents and employees will not be responsible for any loss, theft, or damage to the Service or its components. The District shall be responsible at the District's sole expense to insure the Service and its components. In addition, before undertaking any activities at the Center, the District shall furnish the City with a certificate or certificates of insurance demonstrating that the District has obtained insurance coverage regarding the District's activities under this Agreement and showing the City as an additional named insured. Such certificate or certificates shall contain a statement that the insurance coverage shall not be changed or canceled without at least sixty (60) days prior written notice to the City. Certificates of insurance shall be signed by an authorized representative of each insurer and all coverage shall be written on policy forms and by insurers acceptable to the City. The District shall and does hereby agree to protect, defend, indemnify and hold the City, and the officers, agents, and employees of the City, harmless of and from any and all liability, loss, or damage that the City may incur under or by reason of this Agreement, and of and from any and all claims and demands whatsoever that may be asserted against the City by reason of any alleged obligations or undertakings on the part of the City to perform or discharge any of the terms, covenants, or agreements contained in this Agreement or for any claims relating in any way to the presence, placement, use, operation, maintenance or malfunction of the Service. This indemnification and hold harmless provision shall survive the execution, delivery, and performance of this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of the City's immunities or limitations on liability as set forth in Minnesota Statutes, Chapter 466 or otherwise. 8. The District shall be responsible for any damages by its officers, agents, employees, or invitees caused to the Center by the installation, presence, operation, maintenance, and removal of the Service. Upon removal of the Service, the District will restore the site of the Service in the Center to its condition prior to installation of the Service. 9. This Agreement shall remain in effect until terminated by either party. The District may remove the Service at any time, whereupon this Agreement will be terminated. The obligations of paragraphs 5 and 6 shall survive termination of this Agreement. 10. The City may terminate this Agreement at any time by giving written notice to the District. Notice shall be given by United States Mail and the District shall remove the Service and restore the Center site in accordance with paragraph 5 within ten days of the City mailing such notice. 11. Notices when required by this Agreement shall be given in writing, either personally served, or sent by United States Mail to the following: City of Mounds View Attn: Nyle Zikmund, City Administrator 2401 Mounds View Boulevard Mounds View, Minnesota 55112 Mounds View Independent School District No. 621 Attn: Paula Steele, Director of Finance 2 DOCSOPEN\MU210\35\990341.v3- l l/ 19/24