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SECTION C <br />MAINTENANCE RESPONSIBILITIES <br /> <br /> 1. Maintenance and upkeep of the Improvements after completion shall be in <br />accordance with existing policies and responsibilities in place prior to construction of the <br />Improvements. This maintenance will begin upon expiration of the contractors warrantee period. <br /> <br />SECTION D <br />MISCELLANEOUS PROVISIONS <br /> <br /> 1. Compliance with Laws. The parties agree to comply with all laws, ordinances and <br />regulations of Minnesota applicable to this Agreement and the construction of the Improvements. <br />This Agreement shall be construed and enforced according to the laws of Minnesota. <br /> <br /> 2. Indemnification. Each party will be responsible for claims and damages resulting <br />from the acts, errors and omissions of its officers, employees and agents and will defend and <br />indemnify the other party for any such claims; provided, however, that nothing in this Agreement <br />shall constitute a waiver or limitation of any immunity or limitation on liability to which either party <br />is entitled under Minnesota Statutes, Chapter 466, or otherwise. <br /> <br />3. Notices. Any notices or correspondence required to be given under this Agreement <br />or any statute or ordinance shall be in writing and shall be deemed to be given if delivered <br />personally or mailed postage-prepaid by certified mail, return receipt requested: <br /> <br /> a. As to Columbia Heights: City of Columbia Heights <br />590 40th Avenue NE <br />Columbia Heights, MN 55112 <br />ATTN: City Manager <br /> <br /> b. As to Saint Anthony City of Saint Anthony <br /> 3301 Silver Lake Road <br /> Saint Anthony, MN 55418 <br /> ATTN: City Manager <br /> <br />or at such other address as either party may, from time to time, notify the other in writing in <br />accordance with this paragraph. <br /> <br /> 4. Severability. In the event that any provision of this Agreement is held to be invalid, <br />illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to <br />such section and shall not invalidate or render unenforceable any other provision of this Agreement. <br /> <br /> 5. Nonwaiver. If either party waives any default or non-performance by the other party <br />in writing, such waiver shall be deemed to apply only to such event and shall not waive any other <br />prior or subsequent default. <br /> <br /> 6. Preamble and Recitals. The preamble and recitals set forth on page one of this <br />Agreement are incorporated into and made a part of this Agreement. <br />83