11/26/2001 Council Packet - Laserfiche WebLink

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B. GRANTEE represents and warrants that MATERIALS produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE will indemnify and defend the STATE at GRANTEE'S expense from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XIV. PUBLICITY Any publicity given to the program, publications, or services provided resulting from this grant contract, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others, or any subgrantees shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in this grant contract prior to its approval by the STATE'S authorized representative. XV. AFFIRMATIVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.073. It is hereby agreed between the parties that Minnesota Statutes, Section 363.073 is incorporated into this contract by reference. XVI. WORKERS' COMPENSATION (When applicable) In accordance with the provisions of Minnesota Statutes, Section 176.182, the STATE affirms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, Subdivision 2. XVII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XVIII. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XIX. OTHER PROVISIONS (Attach additional pages as necessary): A. FEDERAL AUDIT REQUIREMENTS, which are hereby incorporated by reference, labeled Attachment B, and made a part of this agreement. ADMIN 1051 grc.doc (07- 01 -98) Grant Contract Department of Public Safety /Emergency Management &City of Lino Lakes) Page 5