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FINAL <br />7/14/2017 <br /> <br />6 <br />governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes, Chapter 466, and <br />other applicable law, and the total liability of the parties shall not exceed the limits of a single <br />governmental unit as provided in Minnesota Statutes, section 471.59, subdivision 1a. Nothing <br />in this Section or this Agreement shall be construed as a waiver on the part of either party of any <br />immunities or limits on liability provided by Minnesota Statutes, Chapter 466 or other applicable <br />law. Each party will be solely responsible for its own employees including, but not limited to, <br />for any workers’ compensation claims. <br /> <br />8. Waiver <br /> <br />The failure by the non-breaching party to insist in any one or more instances upon the <br />performance of any term or condition of this Agreement shall not be construed as a waiver or <br />relinquishment of the right to such performance, or to future performance, of such term or <br />condition by the breaching party, and the obligation of both parties for performance of that term <br />or condition shall continue in full force and effect. <br /> <br />9. Assignment <br /> <br />Neither party shall transfer its rights or obligations under this Agreement without the <br />express written consent of the other party. <br /> <br />10. Data Practices <br /> <br />The Parties will comply with the Minnesota Government Data Practices Act, Minnesota <br />Statutes, Chapter 13, as it applies to all data created, collected, received, stored, used, <br />maintained, or disseminated in accordance with this Agreement. The civil remedies of Minnesota <br />Statutes, section 13.08, apply to the release of the data referred to in this section by either party. <br /> <br />11. Legal Compliance <br /> <br /> Each party shall be responsible for complying with all applicable federal, state, and local <br />laws, rules, regulations and ordinances in carrying out their respective obligations under this <br />Agreement. The City shall be responsible for obtaining any permits or permissions that may be <br />required related to its maintenance of the Facility, the cost of which will be paid according to <br />each party’s roles as defined in Sections 2.3 and 2.4. <br /> <br />12. Severability <br /> <br />The provisions of this Agreement shall be deemed severable. If any part of this <br />Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the <br />validity and enforceability of the remainder of this Agreement. <br /> <br /> <br /> <br /> <br /> <br />20