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Resolution 9816
<br />Page 3 of 7
<br />coverage pursuant to the terms of this Agreement. Jurisdiction shall be named as an additional insured
<br />on the commercial general liability insurance policy, providing proof of the same to Jurisdiction upon
<br />request.
<br />7. Warranty of Workmanship and Timely Completion. The Contractor warrants that
<br />all work completed for and within the Jurisdiction shall be done in a workmanlike and timely manner
<br />in accordance with applicable industry standards. If at any time, the Jurisdiction is in receipt of
<br />complaints or comments regarding inadequate performance, the Jurisdiction is to inform the Contractor
<br />in writing as soon as practical and allow the Contractor the ability to address and answer to said
<br />complaint or comment.
<br />8. Amendments. Any alterations, variations, modifications, or changes of any provisions
<br />of this Agreement shall only be valid when they have been reduced to writing and signed by the
<br />Jurisdiction and the Contractor.
<br />9. Regulatory Compliance. The Contractor shall abide by all federal, state, and local
<br />laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted pertaining to this
<br />Agreement or to the facilities, programs, and staff for which the Contractor is responsible. The
<br />Contractor shall procure, at the Contractor's expense, all licenses, or other rights required for the
<br />provision of the Services. Any violation of federal, state, or local laws, statutes, ordinances, rules, or
<br />regulations, as well as loss of any applicable license, permit, or certification by the Contractor shall
<br />constitute a material breach of this Agreement, regardless of the reason and whether or not intentional,
<br />and shall entitle the Jurisdiction to terminate this Agreement effective as of the date of such violation,
<br />failure, or loss.
<br />10. Data Practices Compliance. The Contractor will have access to data collected or
<br />maintained by the Jurisdiction to the extent necessary to perform the Contractor's obligations under
<br />this Agreement. The Contractor agrees to maintain all data obtained from the Jurisdiction in the same
<br />manner as the Jurisdiction is required under the Minnesota Government Data Practices Act, Minnesota
<br />Statutes Chapter 13. The Contractor will not release or disclose the contents of data classified as not
<br />public to any person except at the written direction of the Jurisdiction. Upon termination of this
<br />Agreement, the Contractor agrees to return all data pertaining to the Jurisdiction within thirty (30) days
<br />of Agreement termination.
<br />11. Records — Availability/Access. Subject to the requirements of Minnesota Statutes,
<br />section 16C.05, subd. 5, the Municipality, the State Auditor, or any of their authorized representatives,
<br />at any time during normal business hours, and as often as they may reasonably deem necessary, shall
<br />have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers,
<br />records, etc., which are pertinent to the accounting practices and procedures of Contractor and involve
<br />transactions relating to this Agreement. Contractor shall maintain these materials and allow access
<br />during the period of this Agreement and for six (6) years after its termination or cancellation.
<br />12. Termination. Either party may terminate this Agreement by providing sixty (60) days
<br />written notice to the other party. In the event of a material breach by either party, the Agreement may
<br />be terminated with ten (10) days written notice to the other party. In the event the Jurisdiction elects to
<br />terminate based upon an alleged material breach of the Agreement by the Contractor, the Contractor
<br />shall have ten (10) days (or the least amount of time reasonably necessary if longer than ten (10) days)
<br />to cure the breach to the Jurisdiction's satisfaction.
<br />13. Billing and Payment. Invoices shall be submitted periodically (customarily on a
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