09-26-2001 Council Agenda - Laserfiche WebLink

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Mn/DOT Agreement No. 81650 obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in Governmental Unit's or State's opinion is likely to arise, Governmental Unit must, at State's discretion, either procure for State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of State will be in addition to and not exclusive of other remedies provided by law. 10 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. State or the Commissioner of the Minnesota Depai lnient of Administration may terminate this agreement at any time, with or without cause, upon 30 days' written notice to Governmental Unit. 11.2 Termination for Insufficient Funding. State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to Governmental Unit. State is not obligated to pay for any services that are provided after notice and effective date of termination. However, Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. State must provide Governmental Unit notice of the lack of funding within a reasonable time of State's receiving that notice. Rev 1 1 /00 Joint Powers A1 Page 56 rvices 5