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2 primary and non-contributory to any other coverage available to the Lender. [Note: Under the LMCIT coverage document, a covered party includes any person or organization from whom a city leases premises or equipment that is not an automobile and to whom the city is contractually obligated to have named as an additional covered party under an agreement.] 10. Workers’ Compensation. The Borrower shall be responsible for injuries to or death of its own personnel while using the Equipment. The Borrower will maintain workers’ compensation insurance covering its own personnel while they are using the Equipment. The Borrower waives the right to sue the Lender for any workers’ compensation benefits paid to its own personnel or their dependents, even if the injuries were caused wholly or partially by the negligence of the Lender or its officers, employees, volunteers or agents. 11. Damage to Equipment. The Borrower shall be responsible for any damage to or loss of the Equipment while the Equipment is in the Borrower’s possession. 12. Indemnification. To the fullest extent permitted by law, the Borrower agrees to defend, indemnify and hold the Lender harmless against any claims brought or actions filed against the Lender or any officer, employee or agent of the Lender for injury to, death of, or damage to the property of any third person or persons, arising from the Borrower’s negligent use of the Equipment or the Borrower’s failure to perform its obligations under this Agreement. 13. Entire Agreement. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Borrower and Lender and contains the entire agreement. 14. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both the Borrower and the Lender. 15. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. 16. Captions. Captions or headings contained in this Agreement are included for convenience only and form no part of the agreement between the Borrower and the Lender. 17. Waivers. The waiver by either the Borrower or the Lender of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 18. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 19. Savings Clause. If any court finds any portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect.