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CC PACKET 08222017
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CC PACKET 08222017
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10 <br /> 9.1.3. Each Provider agrees to be bound by the terms and conditions <br />contained in the Policy. <br /> 9.1.4 Each Provider agrees that it will cooperate with the insurer and with <br />the City by reasonably and timely responding to the insurer’s request for <br />information or to appear at meetings or judicially mandated hearings. <br /> <br />9.2 Insurance as Sole Source for Liability and Indemnity-Each Provider hereto agrees <br />that it will only seek recovery for any liability incurred in carrying out the terms <br />of this Agreement from the insurance to be procured by the Host Committee as <br />set out in Section 9.1 of this Agreement. <br /> <br />9.2.1 If a Party’s liability is not subject to recovery through the Policy, then each <br />Party agrees that it will otherwise be responsible for its own acts and/or omissions <br />and those of its officials, employees, representatives and agents in carrying out the <br />terms of this Agreement, whether those acts or omissions occur within or outside <br />of the jurisdiction or geographic limits of the City of Minneapolis, and the results <br />thereof to the extent authorized by law and shall not be responsible for the acts <br />and/or omissions of the other Party and the results thereof. <br /> <br />9.2.2 In the unlikely event that the aggregate amount of any one or all claims <br />exceeds $3 million, then each Party agrees that it will otherwise be responsible for <br />its own acts and/or omissions and those of its officials, employees, representatives <br />and agents in carrying out the terms of this Agreement, whether those acts or <br />omissions occur within or outside the of the jurisdiction or geographic limits of <br />the City of Minneapolis, and the results thereof to the extent authorized by law <br />and shall not be responsible for the acts and/or omissions of the other Parties and <br />the results thereof. <br /> <br />9.3 Further Limitation On Provider Liability-It is understood and agreed that the <br />liability of each Provider that is a municipality, county or similar political <br />subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466 <br />(Tort Liability, Political Subdivisions) and the liability of the State of Minnesota <br />as a Provider shall be limited by the provisions of Minnesota Statutes, Section <br />3.736 and by other applicable law. Nothing contained in this Agreement shall <br />waive or amend, nor shall be construed to waive or amend any defense or <br />immunity that either Party, its respective officials and employees, may have under <br />said Chapter 466, Section 471.59 subd. 1a, and any common-law immunity or <br />limitation of liability, all of which are hereby reserved by the Parties that have <br />entered into this Agreement. <br /> <br />9.4 Provider Workers’ Compensation Insurance Required-Except as expressly <br />provided herein, each Party shall be responsible for injuries or death of its own <br />personnel. Each Party will maintain workers’ compensation insurance or self- <br />insurance coverage, covering its own personnel while they are providing <br />assistance pursuant to this Agreement. Except as expressly provided herein, each <br />100
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