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• Agreement No. PW 60-10-92 <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 /> Upon failure of the City to perform any of the work named herein under <br /> the terms of this agreement, the Board of County Commissioners may do and <br /> perform such work or cause it to be done and performed, and may retain from <br /> any monies then due to the City under this agreement, or thereafter becoming <br /> due, any such amount as is required for the completion of such work, provided <br /> however, that this paragraph shall not be construed to relinquish any right of <br /> action which may accrue in behalf of the County as against the City for any <br /> breach of agreement. <br /> VI <br /> The parties agree that with the exception of the payments due and payable <br /> or 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 <br /> to any other person or persons whatsoever for any claim, demand, judgement, <br /> fines, penalties, expenses, action or causes of action of any kind or <br /> character arising out of or by reason of the negligent performance and <br /> completion of the work provided herein or arising out of any contract let by <br /> the City for the performance of any of the work provided for herein and the <br /> City agrees to defend, save and keep said County, its commissioners, officers, <br /> agents and employees harmless from any liability, claims, demands, actions or <br /> causes of actions, judgements, fines, penalties and expenses (including <br /> without limitation reasonable attorney fees and disbursements incurred in the <br /> defense thereof) arising out of the negligence of the City, its officers, <br /> agents or employees. <br /> The City also agrees that any contract let by the City for the <br /> performance of any of the work included hereunder shall include clauses that <br /> • will : 1) Require the contractor to hold the County, its commissioners, <br /> -4- �- <br />