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Agreement No. PW 65-10-91 <br /> while so engaged on any of the work or services provided to be rendered herein <br /> shall in no way be the obligation or responsibility of the County. <br /> Also, any and all employees of the County and all other persons engaged by <br /> the County in the performance of any work or services required or provided for <br /> herein to be performed by the County shall not be considered employees of the <br /> City, and that any and all claims that may or might arise under the Worker's <br /> Compensation Act or the Unemployment Compensation Act of the State of Minnesota on <br /> behalf of said employees while so engaged and any and all claims made by any third <br /> parties as a consequence of any act or omission on the part of said employees <br /> while so engaged on any of the work or services provided to be rendered herein <br /> shall in no way be the obligation or responsibility of the City. <br /> V <br /> Upon failure of the City to perform any of the work named herein under the <br /> terms of this agreement, the Board of County Commissioners may do and perform such <br /> work or cause it to be done and performed, and may retain from any monies then due <br /> to the City under this agreement, or thereafter becoming due, any such amount as <br /> is required for the completion of such work, provided however, that this paragraph <br /> shall not be construed to relinquish any right of action which may accrue in <br /> behalf of the County as against the City for any breach of agreement. <br /> VI <br /> The parties agree that with the exception of the payments due and payable or <br /> to become due and payable as herein provided, neither the County, its <br /> commissioners, officers, agents or employees either in their individual or <br /> official capacity shall be responsible or liable in any manner to the City or to <br /> any other person or persons whatsoever for any claim, demand, judgement, fines, <br /> penalties, expenses, action or causes of action of any kind or character arising <br /> out of or by reason of the negligent performance and completion of the work <br /> provided herein or arising out of any contract let by the City for the performance <br /> of any of the work provided for herein and the City agrees to defend, save and <br /> keep said County, its commissioners, officers, agents and employees harmless from <br /> any liability, claims, demands, actions or causes of actions, judgements, fines, <br /> penalties and expenses (including without limitation reasonable attorney fees and <br /> disbursements incurred in the defense thereof) arising out of the negligence of <br /> -4- <br />