01-27-1993 Council Agenda - Laserfiche WebLink

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(d) That this Agreement may be canceled or terminated by the Grantor or Grantee or any other person authorized to grant the contracts for employment, and all money due, or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement or contract made pursuant thereto. F. GENERAL CONDITIONS 1. This Agreement shall be in effect on the date of encumbrance by the Commissioner of Finance and shall remain in effect until June 30, 1993, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever is later. 2. This Agreement may be terminated in whole or in part only as follows: (a) By Grantor with the consent of Grantee in which case the parties shall agree upon the termination conditions including the effective date and, in the case of partial termination, the portion to be terminated; or (b) By Grantee upon written notice to Grantor setting forth the reasons for termination, the effective date and, in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, Grantor determines that the remaining portion of the Grant will not accomplish the purposes for which the Grant was made, Grantor may terminate this Agreement in its entirety under either paragraphs'F2(a) or F2(c). (c) By Grantor upon thirty (30) days written notice if Grantee materially fails to comply with the terms of this Agreement, applicable law, or the Project Proposal. In the event of such termination, Grantee shall be entitled to payment, determined on a pro -rata basis, for work or services satisfactorily performed. 3. Those funds not expended, obligated, or encumbered toward the Project Proposal by May 31, 1993 shall be returned to the Grantor for return to the appropriate fund as provided by law. 4. Notwithstanding Grantee's right to amend the Project Proposal pursuant to term A of this Agreement, the parties must mutually agree to any change in the Project Proposal. Written submission of such change to a party must be acted on in 30 days by the other party or considered acceptable and incorporated into the Project Proposal. 5. (a) (For Grantees which are units of government subject to Minn. Stat. Ch. 466): Each party agrees that it shall be responsible for its own acts and omissions and the results thereof to the extent authorized by law and shall not be responsible for the acts and omissions of the other party and the results thereof. Grantor's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minn. Stat. Section 3.736, and other applicable law. Grantee's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable law. This clause shall not be construed to bar any legal remedies either party may have for any other party's failure to fulfill its obligations pursuant to this Agreement. 3 Page 20