Agenda Packets - 2021/06/28 - Laserfiche WebLink

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13. Use of the City's Logo. During the Term of this Agreement, the Contractor is permitted to use the City's name and logo(s) for the sole purpose of mailings to residents regarding Emerald Ash Borer. The Parties agree that the use of the City's name or logo(s) shall not grant the Contractor or any other third party any right, title, or interest in such name or logo(s), and such uses shall inure to the benefit of the City. Any other use of the City's name or logo(s) shall require prior written approval from the City. 14. Third Party Rights. The Parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 15. Assignment. Neither party will assign any part of this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Not Exclusive. This Agreement does not constitute an exclusive contract between the City and the Contractor. The City remains free to contract for similar services from other contractors and the Contractor remains free to contract to provide similar services to others, provided that any such contracts do not interfere with its ability to provide the Services under this Agreement. 17. Audit Disclosure. The Contractor must allow the City, or its duly authorized agents, and the state auditor or legislative auditor reasonable access to the Contractor's books, records, documents, and accounting procedures and practices that are pertinent to all Services provided under this Agreement for a minimum of six years from the termination of this Agreement. 18. Data Practices Act Compliance. Data provided, produced, or obtained under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. The Contractor will immediately report to the City any requests from third parties for information relating to this Agreement. The Contractor agrees to promptly respond to inquiries from the City concerning data requests. 19. Waiver. Any waiver by either party of a breach of any provision of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 20. Entire Agreement. This document, including the above recitals and the attached exhibit, constitute the entire agreement between the Parties and it supersedes all oral agreements and negotiations between the Parties regarding the subject matter of this Agreement. 21. Amendments. No modification, amendment, deletion, or waiver in the terms of this Agreement is valid unless it is in writing and signed by the Parties, with the exception of any mutually agreed -upon modifications to the scope of Services in writing, as previously indicated. 4 MU125\11\729839.v2