10-26-11 Council Agenda - Laserfiche WebLink

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Authorized Representatives The State's Authorized Representative is Terry Byrne, District Supervisor or his successor. The Purchaser's Authorized Representative is Joel Hanson, City Administrator, or his successor. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof. 7 Amendments, Waiver, and Contract Complete 7.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 7.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or its right to enforce it. 7.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract, whether written or oral, may be used to bind either party. 8 Government Data Practices The Purchaser must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Purchaser or the State. lithe Purchaser receives a request to release the data referred to in this Clause, the Purchaser must immediately notify the State. The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 9 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State's Authorized Representative. 10 Audit Under Minn. Stat. Section 160.05, subd. 5, the Purchaser's books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a total of six years. 11 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this contract. Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12 Termination Either party may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. Revised 9/02 3 2