Laserfiche WebLink
4. AMENDMENT OF PROJECT PROPOSAL <br />Notwithstanding Grantee's right to amend the Project Proposal pursuant to <br />term A of this Agreement, the parties must mutually agree to any change <br />in the Project Proposal. Written submission of such change to a party must <br />be acted on in 30 days by the other party or considered acceptable and <br />incorporated into the Project Proposal. <br />5. LIABILITY <br />(a) For Grantees which are units of government subject to Minnesota <br />Statutes Chapter 466. <br />Each party agrees that it shall be responsible for its own acts and <br />omissions and the results thereof to the extent authorized by law and <br />shall not be responsible for the acts and omissions of the other party <br />and the results thereof. Grantor's liability shall be governed by the <br />provisions of the Minnesota Tort Claims Act, Minnesota Statutes <br />Section 3.736 (1994), and other applicable law. Grantee's liability <br />shall be governed by the provisions of the Municipal Tort Claims <br />Act, Minnesota Statutes Chapter 466 (1994) and other applicable <br />law. This clause shall not be construed to bar any legal remedies <br />either party may have for any other party's failure to fulfill its <br />obligations pursuant to this Agreement. <br />(b) For recipients which are not units of government covered by <br />Minnesota Statutes Chapter 466. <br />Grantee agrees to indemnify and save and hold Grantor, its agents <br />and employees, harmless from any and all claims or causes of <br />action arising from the performance of this agreement by Grantee <br />or its agents or employees. This clause shall not be construed to <br />bar any legal remedies Grantee may have for Grantor's failure to <br />fulfill its obligations pursuant to this Agreement. <br />ACCOUNTING AND AUDIT <br />The Grantee shall maintain books, records, documents, and other evidence <br />pertaining to the costs and expenses of implementing this agreement to the <br />extent and in such detail that will accurately reflect the total cost of the <br />Project Proposal and all net costs, direct and indirect, of labor, materials, <br />equipment, supplies, services, and other costs and expenses. The Grantee <br />shall use generally accepted accounting principles. All records shall be <br />retained for five (5) years after the issuance of the final certificate of <br />acceptance by the Grantor. <br />Page 19 <br />