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including death at any time resulting therefrom, or because of damages to property, or others (including
<br />loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Grantee
<br />Program whether or not due to any act of omission or commission, including negligence of the Grantee
<br />or any contractor or his or their employees, servants or agents, and whether or not due to any act of
<br />omission or commission (excluding, however, negligence or breach of statutory duty) of the Met Council,
<br />its employees, servants or agents.
<br />Grantee further agrees to indemnify, save and hold the Met Council, its agents and employees, harmless
<br />from all claims arising out of, resulting from, or in any manner attributable to any violation by the Grantee,
<br />its officers, employees, or agents, or any provision of the Minnesota Government Data Practices Act,
<br />including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 11.
<br />The Grantee's liability hereunder shall not be limited to the extent of insurance carried by or provided by
<br />the Grantee, or subject to any exclusions from coverage in any insurance policy.
<br />The Grantee shall maintain or require to be maintained adequate insurance coverage for the Grantee
<br />Program in such amounts with such limits as it determines in good faith to be reasonable or in such
<br />amounts and with such limits as may be reasonably required for participating cities by the Met Council
<br />from time to time.
<br />9.3 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be
<br />construed in any manner as creating or establishing the relationship of co-partners or a joint venture
<br />between the Grantee and the Met Council, nor shall the Grantee be considered or deemed to be an agent,
<br />representative, or employee of the Met Council in the performance of this Grant Agreement, or the Grantee
<br />Program.
<br />The Grantee represents that it has already or will secure or cause to be secured all personnel required for
<br />the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or other
<br />persons while engaging in the performance of this Grant Agreement the Grantee Program shall not have
<br />any contractual relationship with the Met Council related to the work of the Grantee Program and shall
<br />not be considered employees of the Met Council. In addition, all claims that may arise on behalf of said
<br />personnel or other persons out of employment or alleged employment including, but not limited to, claims
<br />under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the
<br />Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the Met
<br />Council. Such personnel or other persons shall not require nor be entitled to any compensation, rights or
<br />benefits of any kind whatsoever from the Met Council, including but not limited to, tenure rights, medical
<br />and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits.
<br />10. Audits.
<br />Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures
<br />and practices relevant to this grant contract are subject to examination by the Met Council and/or the State
<br />Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of
<br />this Grant Agreement.
<br />11. Government Data Practices.
<br />The Grantee and Met Council must comply with the Minnesota Government Data Practices Act, Minn.
<br />Stat. Chapter 13, as it applies to all data provided by the Met Council under this grant contract, and as it
<br />applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
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