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<br />rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-
<br />employment Compensation, disability, severance pay and retirement benefits.
<br />9.Indemnification.
<br />9.1 City: The City agrees that it will defend, indemnify and hold the County, its elected
<br />officials, officers, agents, employees and duly authorized volunteers harmless from
<br />any and all liability (statutory or otherwise) claims, suits, damages, judgments,
<br />interest, costs or expenses (including reasonable attorney’s fees, witness fees and
<br />disbursements incurred in the defense thereof) resulting from or caused by the
<br />negligent or intentional acts or omissions of the City, its officers, agents,
<br />contractors, employees or duly authorized volunteers in the performance of the
<br />responsibilities provided by this Agreement. The City’s liability shall be governed
<br />by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including
<br />common law.
<br />9.2 County: The County agrees that it will defend, indemnify and hold the City, its
<br />elected officials, officers, agents, employees and duly authorized volunteers
<br />harmless from any and all liability (statutory or otherwise) claims, suits, damages,
<br />judgments, interest, costs or expenses (including reasonable attorney’s fees, witness
<br />fees and disbursements incurred in the defense thereof) resulting from or caused by
<br />the negligent or intentional acts or omissions of the County, its officers, agents,
<br />contractors, employees or duly authorized volunteers in the performance of the
<br />responsibilities provided by this Agreement. The County’s liability shall be
<br />governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation,
<br />including common law.
<br />10.Limitation of Liability. The County shall endeavor to perform all services called for
<br />herein in an efficient manner. The sole and exclusive remedy for any breach of this
<br />Agreement by the County and for County’s liability of any kind whatsoever, including
<br />but not limited to liability arising out of, resulting from or in any manner related to
<br />contract, tort, warranty, statute or otherwise, shall be limited to correcting diligently any
<br />deficiency in said services as is reasonably possible under the pertinent circumstances.
<br />11.Dispute Resolution. The parties will use a dispute resolution process for any unresolved
<br />dispute between the parties before exercising any legal remedies. The dispute resolution
<br />process is a three-level dispute resolution ladder that escalates a dispute from the project
<br />management level through the executive management level. At each level of the dispute
<br />resolution process, the parties’ representatives will meet and explore resolution until
<br />either party determines that effective resolution is not possible at the current level and
<br />notifies the other party that the process is elevated to the next level. The parties designate
<br />the following dispute resolution representatives: County Assessor, Assistant County
<br />Administrator Resident Services, County Administrator.
<br />The parties will complete the dispute resolution process in good faith before resorting to
<br />any other legal process or remedy.
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