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To City, at: <br />To Barr, at: <br />City of New Brighton <br />803 Old Highway 8 NW, <br />New Brighton, MN 55112-2792 <br />Attn: Dean R. Lotter, City Manager <br />Prior to Dec. 7, 2015: <br />Barr Engineering Co. <br />4700 West 7711 St. <br />Suite 200 <br />Minneapolis, MN 55435 <br />Attn: Gregory D. Keil, Vice President <br />On or after Dec. 7, 2015: <br />Barr Engineering Co. <br />4300 MarketPointe Road <br />Suite 200 <br />Bloomington, MN 55439 <br />Attn: Gregory D. Keil, Vice President <br />Section 16: Miscellaneous <br />16.1 Headings and captions used in this Agreement are for convenience only and shall not affect <br />the meaning or interpretation of this Agreement. <br />16.2 This Agreement constitutes the entire and exclusive agreement of the Parties and it <br />supersedes any prior agreements concerning the subject matter except as such agreements <br />are included as Contract Documents. <br />16.3 Barr agrees that it is providing services under this Agreement as an independent contractor, <br />and individuals employed or engaged by Barr shall not be considered employees of City for <br />any purpose. <br />16.4 No waiver by Barr or City of any condition or breach of any term, covenant, representation, or <br />warranty contained in this Agreement or any document referred to herein shall, whether by <br />conduct or otherwise, be construed as a waiver or release of any other term, covenant, <br />condition, or warranty. <br />16.5 This Agreement shall be for the sole and exclusive benefit of City and Barr and not for the <br />benefit of any other party. <br />P:\Mpls\23 MN\62\23621176 New Brighton DX Response\23621176.00 Initial <br />Res ponse\ProjRiskMgmt\Contracts\New Brig hton_DXResponse_MasterServicesAgmt_FinalAocx Page 9 <br />