RES 17-056 AUTHORIZING THE COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF ST. ANTHONY AND THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION FOR THE ST. ANTHONY STORMWATER TREATMENT AND RESEARCH FACILITY

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FINAL 7/142017 governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes, Chapter 466, and other applicable law, and the total liability of the parties shall not exceed the limits of a single governmental unit as provided in Minnesota Statutes, section 471.59, subdivision la. Nothing in this Section or this Agreement shall be construed as a waiver on the part of either party of any immunities or limits on liability provided by Minnesota Statutes, Chapter 466 or other applicable law. Each party will be solely responsible for its own employees including, but not limited to, for any workers' compensation claims. 8. Waiver The failure by the non - breaching party to insist in any one or more instances upon the performance of any term or condition of this Agreement shall not be construed as a waiver or relinquishment of the right to such performance, or to future performance, of such term or condition by the breaching party, and the obligation of both parties for performance of that term or condition shall continue in full force and effect. 9. Assienment Neither party shall transfer its rights or obligations under this Agreement without the express written consent of the other party. 10. Data Practices The Parties will comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data created, collected, received, stored, used, maintained, or disseminated in accordance with this Agreement. The civil remedies of Minnesota Statutes, section 13.08, apply to the release of the data referred to in this section by either party. 11. Legal Compliance Each party shall be responsible for complying with all applicable federal, state, and local laws, rules, regulations and ordinances in carrying out their respective obligations under this Agreement. The City shall be responsible for obtaining any permits or permissions that may be required related to its maintenance of the Facility, the cost of which will be paid according to each party's roles as defined in Sections 2.3 and 2.4. 12. Severability The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement.