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Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04 that exists as of
<br />the date of this Agreement and as such may subsequently be amended, modified or replaced from
<br />time to time, ..ice arenas, local government projects with a construction cost of less than
<br />$1,500§000.00, or any other capital project with a construction cost of less than $750,000.00.
<br />Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the
<br />applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those
<br />provisions contained in Minn. Stat. §§ 177.41 through 177.435 that exists as of the date of this
<br />Agreement and as such may subsequently be amended, modified or replaced from time to time
<br />with respect to the Project and the operation of the Governmental Program on or in the Real
<br />Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not
<br />acknowledging or agreeing that the cited provisions apply to the Project or the operation of the
<br />Governmental Program on or in the Real Property and, if applicable, Facility. ,
<br />Section 7.12 Liability. The Public Entity and the State Entity agree that they will,
<br />subject to any indemnifications provided herein, be responsible for their own acts and the results
<br />thereof to the extent authorized by law, and they shall not be responsible for the acts of the other
<br />party and the results thereof. The liability of the State Entity and the Commissioner is governed
<br />by the provisions contained in Minn. Stat. § 3.736 that exists as of the date of this Agreement and
<br />as such may subsequently be amended, modified or replaced from time to time. If the Public
<br />Entity is a "municipality" as such term is used in Chapter 466 of the Minnesota Statutes that
<br />exists as of the date of this Agreement and as such may subsequently be amended, modified or
<br />replaced from time to time, then the liability of the Public Entity, including but not limited to the
<br />indemnification provided under Section 7.13, is governed by the provisions contained in such
<br />Chapter 466.
<br />Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all
<br />loss, expense (including attorneys' fees), and damage in connection with the Project and
<br />operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold
<br />harmless the State Entity, the Commissioner, and the State of Minnesota, their agents, servants
<br />and employees from all claims, demands and judgments made or recovered against the State
<br />Entity, the Commissioner, and the State of Minnesota, their agents, servants and employees,
<br />because of bodily injuries, including death at any time resulting therefrom, or because of
<br />damages to property of the State Entity, the Commissioner, or the State of Minnesota, or others
<br />(including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection
<br />with the Project or operation of the Real Property and, if applicable, Facility, whether or not due
<br />to any act of omission or commission, including negligence of the Public Entity or any contractor
<br />or his or their employees, servants or agents, and whether or not due to any act of omission or
<br />commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the
<br />Commissioner, or the State of Minnesota, their employees, servants or agents.
<br />The Public Entity further agrees to indemnify, save, and hold the State Entity, the
<br />Commissioner, and the State of Minnesota, their agents and employees, harmless from all claims
<br />arising out of, resulting from, or in any manner attributable to any violation by the Public Entity,
<br />its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of
<br />Generic GO Bond Proceeds 31 Ver — 6/26108
<br />Grant Agreement for Construction Grants (Gnrc GO GA-Cnstrctn Gmt)
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