CC PACKET 05081984 - Laserfiche WebLink

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E. Recipient shall n- , permit the instruments to be operated or tampered • with by individuals who ar: not trained in their operation and certified by DPS as Intoxilyzer 5000 operators. F. Recipient shall make the instruments available to authorized personnel when required for inventory or inspection purposes. G. Recipient shall cede to DPS the Breathalyzer 900 and 900A instruments described on page 3 of this agreement, which DPS may dispose of through trade, sale. or .other means, it being agreed that any proceeds of such disposition shall be retained by the State of Minnesota. I11. Term of Agreement. This Agreement- shall take effect on the date of final approval by the Commissioner of Finance and remain in effect until terminated by either of the parties as provided in section IV. IV. Termination. This agreement may be terminated by either DPS or Recipient with or without cause upon sixty (60) days written notice to the other party. In the event of such termination, Recipient shall return the instruments to the Bureau of Criminal Apprehension Laboratory within thirty (30) days after the termination of this Agreement. If Recipient fails to return the instruments within this time period, Recipient may be assessed the cost of the instruments. • V. Assignment. Recipient shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of DPS. VI. Liability. Recipient agrees to indemnify and save and hold the State of Minnesota, its agents, and its employees harmless from any and all claims arising from the use of the Intoxilyzer 5000 'Instrument or from the performance of this Agreement by Recipient or Recipient' s agents or employees. VII. Relationship of Parties. Neither Recipient nor Recipient's agents or employees are to be considered to be agents of DPS or to be engaged in any joint venture or enterprise with DPS;-and nothi-ng-herein-shat-1-be-cons true d-to-create-such-a-re-l-ati-onshi-p. — - -2-