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Contract No. 5022M6 <br /> Agreement No. PW 39-10-96 • <br /> This Agreement shall be in full force and effect for the Calendar Year <br /> 1997. <br /> IV <br /> It is further agreed that any and all employees of the City and all other <br /> persons engaged by the City in the performance of any work or services <br /> required or provided herein to be performed by the City shall not be <br /> considered employees of the County, and that any and all claims that may or <br /> might arise under the Worker's Compensation Act or the Unemployment <br /> 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 <br /> of any act or omission on the part of said employees while so engaged on any <br /> of the work or services provided to be rendered herein shall in no way be the <br /> obligation or responsibility of the County. <br /> Also, any and all employees of the County and all other persons engaged <br /> by the County in the performance of any work or services required or provided <br /> for herein to be performed by the County shall not be considered employees of <br /> the City, and that any and all claims that may or might arise under the <br /> Worker's Compensation Act or the Unemployment Compensation Act of the State of <br /> Minnesota on behalf of said employees while so engaged and any and all claims <br /> made by any third parties as a consequence of any act or omission on the part <br /> of said employees while so engaged on any of the work or services provided to <br /> be rendered herein shall in no way be the obligation or responsibility of the <br /> City. <br /> V <br /> If the City fails to perform any of the provisions of this Agreement or <br /> so fails to administer the work as to endanger the performance of the <br /> Agreement, this shall constitute a default. Unless the City's default is <br /> excused by Hennepin County, Hennepin County may upon written notice <br /> immediately cancel this Agreement in its entirety. <br /> Hennepin County's failure to insist upon strict performance of any <br /> provision or to exercise any right under this Agreement shall not be deemed a <br /> relinquishment or waiver of the same, unless consented to in writing. Such <br /> consent shall not constitute a general waiver or relinquishment throughout the <br /> entire term of the Agreement. • <br /> -4- <br />