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Appendix A shall be updated by COUNTY, and provided to SUBSCRIBER annually, and at other times as deemed necessary by COUNTY, to reflect any changes to the fleet support fees. 7. DEFAULT 7_1 If either party fails to perform any material term of this Agreement, this shall constitute a default. Unless SUBSCRIBER'S default is excused by COUNTY, COUNTY may, upon written notice, immediately cancel this Agreement in its entirety. Unless COUNTY'S default is excused by SUBSCRIBER, SUBSCRIBER may upon thirty (30) days' written notice cancel this Agreement in its entirety. 7_2 In the event of cancellation, SUBSCRIBER shall cease all use of COUNTY'S Subsystem. 7_3 Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the nondefaulting party by virtue of any breach of this Agreement by the defaulting party. 7_4 The above remedies shall be in addition to any other right or remedy available under this contract, law, statute, rule, and/or equity. 7_5 The failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. • 8. MISCELLANEOUS PROVISIONS 8.1 Independent Parties It is mutually understood that this Agreement does not create an employment relationship between the parties, nor does it create a partnership or joint venture, nor does it constitute a cooperative agreement or joint powers agreement. 8.2 Liability Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. COUNTY'S liability and SUBSCRIBER'S liability are governed by the provisions of Minnesota Statutes Chapter 466. 8.3 Data Privacy SUBSCRIBER, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 8.4 Records -Availability/Access Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), SUBSCRIBER agrees that COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably . deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of SUBSCRIBER and involve transactions relating to this Agreement. Such materials shall be maintained 34