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Attachment N <br />State of Nebraska's General Provisions <br />Compliance wit6 Civil Rights Laws and Equat Opportunity Empioyment. The Foundation must comply with the <br />Nebraska Fair Employment Practice Act and Title VI of the Civil Rights Act of 1964, as amended, so that no person <br />shafl, on the grounds of age, creed, sex, physical handicap, race or national origin be excluded from participation in, be <br />denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program <br />or activity supported by this Agreement. The Foundation further agrees to include simitar provisions in all subcontracts <br />for services allowed in connection with this Agreement. <br />Independent Contractor. It is agreed that nothing contained herein is intended or should be construed in any manner as <br />creating or establishing the relationship of partners between the parties hereto. The Foundation represents that it has, <br />or will secure at its own expense, all personnel required to perform the services under this Agreement. The <br />Foundation's personnei or other persons engaged in work or services for the Foundation under this Agreement strall <br />have no contractual relationship with the State of Nebraska (State), and shall not be considered employees of the State. <br />Hoid Harmless Clause. All claims on behalf of any person arising out of employment or alleged employment (including <br />without limit, claims of discrimination against the Foundation, its officers or its agents) shall in no way be the <br />responsibility of the State. The Foundation will hold the State harmless from any and all such claims. Such personnel <br />or other persons shall not require nor be entitled to any compensation, rights or benefits from the State including <br />without limit, tenure rights, medical and hospita( care, sick and vacation leave, severance pay and retirement benefits. <br />The Foundation also agrees to hold the State hartnless for all loss or damage sustained by any person as a direct result <br />of the negligent or willful acts by the Foundation, its employees or agents in the performance 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. Proof of insurance <br />must be submitted on certificates showing the following coverage: <br />Standard Worker's Compensation and Employer Liability, as reyuired by State statute including occupational disease, <br />covering all employees at the work site. <br />General Liability (Public Liability and Property Damage)-Minimum: (1) combined single limit of $600,000 written on <br />an occurrence basis; (2) any aggregate will not be less than.$1 million; (3) the Foundation must purchase additiona( <br />insurance if claims reduce the annual aggregate below $600,000; (4) The State of Nebraska must be named as <br />additional insured on each comprehensive general liability policy; (5) certificates of insurance and additional insured <br />endorsements mast be provided to the State within 10 working days after this agreement is signed; and (6) insurance <br />shall include 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 limit. <br />The State must be named as an Additional Insured on the certificate of insurance. An Additional Insured Endorsement <br />amending such policy or policies must be on fi(e with the Natural Resources Commission during the term of the <br />Agreement. <br />Governing Law. This agreement shall be governed in all respects relevant to the relationship between the Foundation <br />and the State of Nebraska by the laws and statutes of the State of Nebraska. Any legal proceedings against the State <br />regarding this Agreement shall be brought in the State of Nebraska administrative or judicial forums. The Foundation <br />must be in compliance with all Nebraska statutory and regulatory law. The Foundation shall use its best efforts to <br />ensure that its employees, agents and subcontractors comply with site rules and regulations while on State premises. <br />Severability. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is <br />held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect <br />without the invalid term, condition or application. To this end, the Terms and Conditions of the Agreement are declared <br />severabie. <br />Page 17 of 26