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<br />10 Government Data Practices and Intellectual Property
<br />10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
<br />Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as
<br />it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
<br />under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to
<br />in this clause by either the Grantee or the State.
<br />If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately
<br />notify the State. The State will give the Grantee instructions concerning the release of the data to the
<br />requesting party before the data is released.
<br />10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant
<br />contract do not and will not infringe upon any intellectual property rights of another, including but not limited
<br />to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and
<br />defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is
<br />based on a claim that all or part of the materials infringe upon the intellectual property rights of another.
<br />Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs,
<br />and damages including, but not limited to reasonable attorneys' fees arising out of this grant contract,
<br />amendments and supplements thereto, which are attributable to such claims or actions.
<br />If such a claim or action arises, or in Grantee 's or the State's opinion is likely to arise, Grantee shall, at the
<br />State's discretion, either procure for the State the right or license to continue using the materials at issue or
<br />replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be
<br />exclusive to other remedies provided by law.
<br />11 Workers' Compensation
<br />The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
<br />compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
<br />Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any
<br />claims made by any third party as a consequence of any act or omission on the part of these employees are in no way
<br />the State's obligation or responsibility.
<br />12 Publicity and Endorsement
<br />12.1. Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the
<br />sponsoring agency and must not be released without prior written approval from the State's Authorized
<br />Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
<br />releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
<br />jointly with others, or any subcontractors, with respect to the program, publications, or services provided
<br />resulting from this grant contract.
<br />12.2. Endorsement. The Grantee must not claim that the State endorses its products or services.
<br />13 Governing Law, Jurisdiction, and Venue
<br />Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal
<br />proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
<br />jurisdiction in Ramsey County, Minnesota.
<br />14 Termination
<br />14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30
<br />days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a
<br />pro rata basis, for services satisfactorily performed.
<br />G -City of Lino Lakes - Commerce 3
<br />Grant (Rev. 08/10)
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