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Joint Powers Agreement <br /> Columbia Heights/St. Anthony <br /> Page 4 <br /> X. <br /> It is further agreed that any and all employees of either party of this Agreement and all other <br /> persons engaged by that party in the performance of any work or services required or provided <br /> herein to be performed by that party shall not be considered employees of the other party, and <br /> that.any and all claims that may or might arise under Workers' Compensation Act or the <br /> Unemployment Compensation Act of the State of Minnesota on behalf of said employees while <br /> so engaged and any and all claims. made by any third parties as a consequence of any act or <br /> omission on the part of said employees while so engaged on any of the work or services provided <br /> to be rendered herein shall in no way be the obligation or responsibility of the other party. <br /> XI. <br /> In the event that the parties to this Agreement are unable to obtain Municipal State Aid Funding <br /> to cover all eligible costs associated with the construction of the project, this project may be <br /> abandoned and this Agreement may be nullified by 14 day's written notice by either party to the <br /> other. No expenditure shall be authorized nor shall the project begin until such time that <br /> Municipal State Aid funding is obtained or authorized. Notwithstanding any provisions of this <br /> Agreement in the event that sufficient Municipal State Aid Funding is not obtained, any expenses <br /> incurred or authorized by either party shall be the sole responsibility of the party authorizing the <br /> same. <br /> XII. <br /> Each party agrees to grant to the other party and its employees or agents the right to the use of <br /> any and all public easements for the purpose to enter, construct, and/or maintain the project. <br /> XIII. <br /> If one or more of the provisions contained in this Agreement shall, for any reason be held to be <br /> invalid, illegal or unenforceable, such invalidity or illegality shall not affect any other provisions <br /> of this Agreement; this Agreement shall be constructed as if such invalid, illegal or unenforceable <br /> provision had never been contained herein. <br /> XIV. <br /> This Agreement constitutes the entire integrated Agreement between the parties hereto, and <br /> cancels and supersedes all prior negotiations, either written or oral, with respect to the subject <br /> matter hereof. <br />