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ATTACHMENT N <br />State of Nebraska's General Provisions <br />Compliance with Civil Righfs Laws and Equal Opportunity Employment. The Foundation must <br />comply with the Nebraska Fair Employment Practice Act and Title VI of the Civil Rights Act of 1964, as <br />amended, so that no person shall, on the grounds of age, creed, sex, physical handicap, race or national <br />origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to <br />discrimination under this Agreement or under any project, program or activity supported by this <br />Agreement. The Foundation further agrees to include similar provisions in all subcontracts for services <br />allowed in connection with this Agreement. <br />Independent Contractor. It is agreed that nothing contained herein is intended or should be construed in <br />any manner as creating or establishing the relationship of partners between the parties hereto. T'he <br />Foundation represents that it has, or will secure at its own expense, all personnel required to perform the <br />services under this Agreement. The Foundation's personnel or other persons engaged in work or <br />services for the Foundation under this Agreement shall have no contractual relationship with the State of <br />Nebraska (State), and shall not be considered employees of the State. <br />Hold Harmless Clause. All claims on behalf of any person arising out of employment or alleged <br />employment (including without limit, claims of discrimination against the Foundation, its officers or its <br />agents) shall in no way be the responsibility of the State. The Foundation will hold the State harmless <br />from any and all such claims. Such personnel or other persons shall not require nor be entitled to any <br />compensation, rights or benefits from the State including without limit, tenure rights, medical and <br />hospital care, sick and vacation leave, severance pay and retirement benefits. The Foundation also <br />agrees to hold the State harmless for all loss or damage sustained by any person as a direct result of the <br />negligent or willful acts by the Foundation, its employees or agents in the perforrnance of this Agreement <br />including all associated costs of defending any action. <br />Insurance. The Foundation is required to procure and maintain the insurance coverage listed below. <br />Proof of insurance must be submitted on certificates showing the following coverage: <br />Standard Worker's Compensation and Employer Liability, as required by State statute including <br />occuparional disease, covering all employees at the work site. <br />General Liability (Public Liability and Property Damage) Minimum: (1) combined single limit of <br />$600,000 written on an occurrence basis; (2) any aggregate will not be less than $1 million; (3) the <br />Foundation must purchase additional insurance if claims reduce the annual aggregate below $600,000; <br />(4) The State of Nebraska must be named as additional insured on each comprehensive general <br />liability policy; (5) certificates of insurance and additional insured endorsements must be provided to <br />the State within 10 working days after this agreement is signed; and (6) insurance shall include <br />provisions providing notification to the State 10 days prior to the cancellation of the coverage. <br />Automobile Liability Minimum: The Foundation must carry a minimum of $600,000 combined single <br />limit. <br />The State must be named as an Additional Insured on the certificate of insurance. An Additional Insured <br />Endorsement amending such policy or policies must be on file with the Natural Resources <br />Commission during the term of the Agreement. <br />Governing Law. This agreement shall be governed in all respects relevant to the relationship between the <br />Foundation and the State of Nebraska by the laws and statutes of the State of Nebraska. Any legal <br />proceedings against the State regarding this Agreement shall be brought in the State of Nebraska <br />administrative or judicial forums. The Foundation must be in compliance with all Nebraska statutory <br />and regulatory law. The Foundation shall use its best efforts to ensure that its employees, agents and <br />subcontractors comply with site rules and regulations while on State premises.