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03-08-2021 Council Packet
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03-08-2021 Council Packet
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services during the previous month. Minnetonka Beach shall remit payment thereon on or before <br />the ls` day of the next month. <br />13. INDEMNIFICATION. Orono shall defend and indemnify Minnetonka Beach <br />and its employees, officials, and agents from and against all claims, damages, injuries or death, <br />losses or expenses, including attorney fees, which Orono may suffer or for which it may be held <br />liable, arising out of or resulting from the assertion against them of any claims, debts or <br />obligations in consequence of the performance of the Orono Building Department per this <br />Agreement. Under no circumstances, however, shall Minnetonka Beach be required to pay on <br />behalf of itself and Orono, any amounts in excess of the limits on liability established in <br />Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for <br />Minnetonka Beach and Orono may not be added together to determine the maximum amount of <br />liability for Minnetonka Beach. The intent of this section is to impose on Minnetonka Beach a <br />limited duty to defend and indemnify Orono for claims arising out of the performance of this <br />Agreement subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose <br />of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating <br />conflicts between the parties and to permit liability claims against both parties from a single <br />occurrence to be defended by a single attorney. <br />14. AMENDMENTS. Any amendments, addenda, alterations, or modifications to <br />the terms and conditions of this Agreement shall be in writing and signed by both parties. <br />15. NOTICES. Pursuant to this Agreement, notices shall be hand delivered or <br />mailed as follows: <br />AS TO ORONO: City of Orono <br />Attn.: City Administrator <br />2750 Kelley Parkway <br />P.O. Box 66 <br />Crystal Bay, MN 55323 <br />AS TO <br />MINNETONKA BEACH: City of the Village of Minnetonka Beach <br />Attn.: City Administrator <br />2945 Westwood Road <br />Minnetonka Beach, MN 55361. <br />16. ENTIRE AGREEMENT. This Agreement represents the entire Agreement <br />between Orono and Minnetonka Beach and cancels any and all prior agreements or proposals, <br />written or oral, between the parties relating to the subject matter hereof.
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