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Attachxnent N <br />State of Nebraska's General Provisions <br />Compliance with Civil Rights Laws and Equal Opportunity Employment. The Foundation must comply with <br />the Nebraska Fair Employment Practice Act and Title VI of the Civil Rights Act of 1964, as amended, so that no <br />person shall, on the grounds of age, creed, sex, physical handicap, race or national origin be excluded from <br />participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or <br />under any project, program or activity supported by this Agreement. The Foundation further agrees to include <br />similar provisions in all subcontracts 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 <br />manner as creating or establishing the relationship of partners between the parties hereto. The Foundation <br />represents that it has, or will secure at its own expense, all personnel required to perform the services under this <br />Agreement. The Foundation=s personnel or other persons engaged in work or services for the Foundation under <br />this Agreement shall have no contractual relationship with the State of Nebraska (State), and shall not be <br />considered employees of the State. <br />Hold Harmless Clause. All claims on behalf of any person arising out of employment or alleged employment <br />(including without limit, claims of discrimination against the Foundation, its officers or its agents) shall in no way <br />be the responsibility of the State. The Foundation will hold the State harmless from any and all such claims. Such <br />personnel or other persons shall not require nor be entitled to any compensation, rights or benefits from the State <br />including without limit, tenure rights, medical and hospital care, sick and vacation leave, severance pay and <br />retirement benefits. The Foundation also agrees to hold the State harmless for all loss or damage sustained by any <br />person as a direct result of the negligent or willful acts by the Foundation, its employees or agents in the <br />performance of this Agreement 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 <br />insurance must be submitted on certificates showing the following coverage: <br />Standard Worker's Compensation and Employer Liability, as required by State statute including occupational <br />disease, covering all employees at the work site. <br />General Liability (Public Liability and Property Damage) Minimum: (1) combined single limit of $600,000 written <br />on an occurrence basis; (2) any aggregate will not be less than $1 million; (3) the Foundation must purchase <br />additional insurance if claims reduce the annual aggregate below $600,000; (4) The State of Nebraska must be <br />named as additional insured on each comprehensive general liability policy; (5) certificates of insurance and <br />additional insured endorsements must be provided to the State within 10 working days after this agreement is <br />signed; and (6) insurance shall include provisions providing notification to the State 10 days prior to the <br />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 <br />Endorsement amending such policy or policies must be on file with the Natural <br />Resources 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 <br />statutory and regulatory law. The Foundation shall use its best efforts to ensure that its employees, <br />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 <br />is 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 <br />declared severable. <br />22