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8 <br /> <br />33. Governing Law. This Agreement shall be governed by and interpreted in accordance <br />with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued <br />in Anoka County, Minnesota. <br /> <br />34. Access to Records and Data. Contractor shall provide access to Lino Lakes, to <br />review collection and customer service records related to Lino Lakes, produced by the Contractor <br />that are directly pertinent to this Agreement for the purpose of making an audit, other examination <br />and preparing excerpts and transcriptions. <br /> <br />35. Government Data/Privacy. The Contractor agrees to abide by the applicable <br />provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. <br />HIPAA requirements, and all other applicable state or federal rules, regulations, or orders <br />pertaining to privacy or confidentiality. The Contractor understands that all of the data created, <br />collected, received, stored, used, maintained, or disseminated by the Contractor in performing <br />those functions that the City would perform is subject to the requirements of Chapter 13, and the <br />Contractor must comply with those requirements as if it were a government entity. This does not <br />create a duty on the part of the Contractor to provide the public with access to public data if the <br />public data is available from the City, except as required by the terms of this Agreement. <br /> <br />36. Waiver. The waiver by either party of any breach or failure to comply with any <br />provision of this Agreement by the other Party shall not be construed as or constitute a continuing <br />waiver of such provision or a waiver of any other breach of or failure to comply with any other <br />provision of this Agreement. <br /> <br />37. Notices. All notices and other communications pursuant to this Agreement must be in <br />writing and must be given by registered or certified mail, postage prepaid, or delivered by hand at <br />the address set forth below: <br /> <br /> Notice to City: Marty Asleson <br /> City of Lino Lakes <br /> Environmental Coordinator <br /> 600 Town Center Parkway <br /> Lino Lakes, MN, 55014 <br /> <br /> Notice to Contractor: Adam Winfield <br />President <br />Great Lakes Recycling, Inc. d/b/a Simple Recycling, <br />5425 Naiman Parkway, Solon, OH 44139 <br /> <br /> <br />38. Definitions. <br />a. Commercial Customer: The term "Commercial Customer" means non-residential <br />customers, including businesses, public or private schools, institutions, governmental <br />agencies and all other users of commercial-type Garbage collection services. <br />b. Container: The term “Container” means a bag supplied by Contractor for use by the <br />Residential Customer to set out Soft Recyclables.