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CC PACKET 09232025
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CC PACKET 09232025
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Page 7 <br />B.Attorney’s Fees. Should either Party resort to litigation to enforce this Agreement, the <br />prevailing Party shall be entitled, in addition to such other relief as may be granted, to <br />recover its own reasonable attorney’s fees and other costs associated in such litigation from <br />the Party against whom enforcement was sought. <br />C.Force Majeure. Neither Party shall be liable for failure to perform its obligations under <br />the Agreement if such failure results from circumstances unforeseen and beyond the <br />reasonable control of the Party affected, which materially affects its performance hereunder <br />(a “Force Majeure Event”). A Force Majeure Event includes, but is not limited to, fire, <br />flood, typhoon, earthquake, terrorism, strike, or regional or national labor disputes. The <br />affected Party will notify the other Party as soon as practicable after the occurrence of a <br />Force Majeure Event, and shall use commercially reasonable efforts to mitigate or cure the <br />effect of the Force Majeure Event. In the event that the Force Majeure Event continues for <br />a period exceeding thirty (30) days, then either Party may terminate this Agreement upon <br />written notice to the other Party. Neither Party shall pay damages to the other Party for <br />termination of this Agreement due to a Force Majeure Event. <br />D.Waiver. Nothing in this Agreement shall constitute a waiver of the statutory limits on <br />liability set forth in Minnesota Statute § 466 or a waiver of any available immunities or <br />defenses available under statute or common law or allow the stacking of claims against <br />multiple Parties in excess of the liability limits for one Party in Minnesota Statute, Chapter <br />466. No exercise of any right or remedy by either Party shall constitute a waiver of any <br />other right or remedy contained herein or provided by Applicable Law. Nothing herein <br />shall be construed to provide insurance coverage or indemnification to an employee, <br />official or agent of any Party for any act or omission for which the employee, official or <br />agent is guilty of malfeasance in office, willful neglect of duty or bad faith. <br />IX.ADMINISTRATIVE RESPONSIBILITY. <br />Any Policing Services rendered to Lauderdale will be under the sole direction of St. Anthony. <br />The standards of performance, the hiring and discipline of officers assigned, and other matters <br />relating to regulations and policies related to police employment, services and activities, will be <br />within the exclusive control of St. Anthony. The Parties hereto expressly affirm the importance of <br />work force diversity and St. Anthony agrees to use reasonable efforts, within applicable <br />departmental budgetary limits, to recruit qualified female and minority police officers. <br />X.JOINT OPERATIONS COMMITTEE. <br />St. Anthony and Contract Cities will appoint members to a Joint Operations Committee. The <br />Committee will consist of top administrative and police command staff and will meet at least once <br />per quarter to ensure that this Agreement and the Policing Services performed pursuant to this <br />Agreement are meeting the expectations of St. Anthony and the Contract Cities. <br />31
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