CC PACKET 08241993 - Laserfiche WebLink

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8. DATA PRIVACY .' • The Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend and hold the Recipient, its officers, agents, and employees harmless from any claims resulting from the Subrecipient's unlawful disclosure and/or use of such protected data. 9. SUSPENSION OX TERMINATION A. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and a default. Unless the Subrecipient's default is excused by the Recipient, the Recipient may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately cancelling this Agreement in its entirety. B. The Recipient's failure to insist upon strict performance of any provision or to exercise any right. under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. • C. This Agreement may be cancelled with or without cause by either party upon thirty (30) days' written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to the Subrecipient in the form of a loan. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: A. Used to meet one of the national objectives in 24 CFR 570.208 and not used. for the general conduct of government until: (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUD to be a part of Urban Hennepin County; or •. (2) For -any other Subrecipient, five years after expiration of this Agreement. 4