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31 <br />harmless New Brighton, and its officials, agents and employees from and against <br />all claims, actions, damages, losses and expenses arising out of or resulting from <br />New Brighton's performance of the services under this Agreement. <br />4.5 No waiver. Nothing herein shall be deemed a waiver by either party of the <br />limitations on liability set forth in Minnesota Statutes Chapter 466. <br />4.6 Notices. All notices required by this agreement shall be in written form and shall <br />be deemed delivered upon its receipt by the City Manager of either party. Notice <br />may be made by personal delivery, mail or facsimile. <br />4.7 Severability. In case any one or more of the provisions contained in this <br />Agreement shall be invalid, illegal or unenforceable in any respect, the validity, <br />legality and enforceability of the remaining provisions contained herein and any <br />other application thereof shall not in any way be affected or impaired thereby. <br />4.8 Execution. This agreement may be simultaneously executed in any number of <br />counterparts, all of which shall constitute one and the same instrument. <br />IN WITNESS WHEREOF, the parties have set forth their hands on the day and year <br />first written above. <br />CITY OF NEW BRIGHTON <br />By: <br />Its: Mayor <br />By: <br />Its: City Manager <br />CITY OF ST. ANTHONY VILLAGE <br />By: <br />Its: <br />Mayor <br />By: <br />Its: City Manager <br />400589vi MMNE136-242 3 <br />