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Agreement within two (2) months of the commencement date listed in paragraph two. 7. INDEMNIFICATION. Employer shall defend and indemnify Employee pursuant to Minn. Stat. § 466.07 and § 465.76. In addition, Employer shall defend, hold harmless, and indemnify Employee from all torts; civil damages, penalties, and fines; violation of statutes, laws, rules, and ordinances, provided the Employee was acting in the performance of the duties of the position. 8. GENERAL PROVISIONS: a. Notices. All notices, requests and demands given to or made pursuant to this Employment Agreement shall be in writing and personally delivered or mailed, postage prepaid, as follows: To the City: Honorable Mayor and City Council City of Orono 2750 Kelley Parkway Orono, MN 55356 To the Interim Administrator : Douglas S. Reeder 5115 Weeks Road Greenwood, Minnesota 55331 a. Complete Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreements between the parties. This Agreement can only be modified by written agreement of both parties. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. If the parties disagree upon the interpretation of this Agreement, and cannot resolve their differences in good faith, the parties agree to request non- binding mediation from the Minnesota Bureau of Mediation Services. Each party will be responsible for its own attorneys' fees, and the parties will split equally any other mediation fees. a. Legality. The parties covenant and agree that the provisions contained herein are reasonable and are not known or believed to be in violation of any federal or state law or regulation. In the event a court of competent jurisdiction finds any provision contained herein to be illegal or unenforceable, such court may modify such provision to make it valid and enforceable. Such modification shall not affect the remainder of this Agreement which shall continue at all times to be valid and enforceable. No payment may be made under this Agreement in excess of the maximum amount permitted by applicable law. 3 159183