CC WORKSESSION 03092015 - Laserfiche WebLink

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3.11 St. Anthony agrees to defend, indemnify and hold harmless New Brighton, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from St. Anthony's performance of the duties required under this Agreement, to the extent caused by any negligent act or omission or willful misconduct of St. Anthony. 3.12 Each party shall carry liability insurance in the amount of at least $500,000 per individual and $1,500,000 per occurrence, and property damage liability insurance in the amount of $100,000. Each party shall have the other named as an additional insured, and provide a certificate of said insurance. Each party shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd.2 (1994) and will provide a certificate of said insurance to the other. 3.13 Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes Chapter 466. 3.14 Any employee assigned by New Brighton to perform its obligations hereunder shall remain the exclusive employee of New Brighton for all purposes including, but not limited to, wages, salary and employee benefits. 3.15 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting the person employed by New Brighton as the agent, representative or employee of St. Anthony for any purpose or in any manner whatsoever. New Brighton is to be and shall remain an independent contractor with respect to all services performed under this contract. New Brighton represents that it has, or will secure at its own expense, all personnel required in performing services under this contract. Any and all personnel of New Brighton or other persons, while engaged in the performance of any work or services required by New Brighton under this contract, shall have no contractual relationship with St. Anthony and shall not be considered employees of St. Anthony, and any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against New Brighton, its officers, agents contracts or employees shall in no way be the responsibility of St. Anthony; and New Brighton shall defend, indemnify and hold St. Anthony, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from St. Anthony, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensations, Unemployment Compensation, disability, severance pay and PERA. 5 454701v4 CLL NE136 -8