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arising out of the performance of this Contract subject to the limits of liability under <br />Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and <br />indemnify is to simplify the defense of claims by eliminating conflicts between the <br />parties and to permit liability claims against both parties from a single occurrence to be <br />defended by a single attorney. <br />Nothing herein shall be construed to waive or limit any immunity from, or limitation on, <br />liability available to either party, whether set forth in Minnesota Statutes Chapter 466 or <br />otherwise. <br />This is a service contract. The parties do not intend to undertake or create, and nothing <br />herein shall be construed as creating, a joint powers agreement, joint venture, or joint <br />enterprise between the parties. <br />16. Entire Agreement. This Contract constitutes the entire agreement between the parties <br />and supersedes and replaces any prior agreement between the parties on the same subject. <br />17. Amendment. This Contract may be amended only with the written approval of both <br />Spring Park and Orono. <br />18. Assignment. The rights and obligations under this Contract will not be assigned, and <br />Orono will not subcontract for any services to be furnished to Spring Park (except as <br />otherwise provided in this Contract), without prior written consent of the other party. <br />Orono agrees that it will not enter into any agreement for services with other <br />communities which will adversely impact any services provided in this Agreement to <br />Spring park. Spring Park acknowledges that Orono provides law enforcement services <br />for Minnetonka Beach and Mound, which also have representatives on the Joint Police <br />Commission described in Section 6, <br />19. Notices. Written notices and communication required to be given under this Contract are <br />to be in writing and sent by U.S. Mail or fax addressed: <br />If to Spring Park: City Administrator <br />Spring Park City Hall <br />4349 Warren Ave <br />Spring Park, MN 55384 <br />If to Orono: City Administrator <br />Orono City Hall <br />PO Box 66 <br />Crystal Bay, MN 55323 <br />The parties hereto have executed this Agreement as of the date first above stated. <br />4 <br />192191v1 <br />