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CC PACKET 05102016
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CC PACKET 05102016
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5/25/2016 1:50:24 PM
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<br />Page 4 of 6 <br />shipping costs, necessary for the repair or replacement of lost, stolen, destroyed or <br />damaged Election Equipment. <br /> <br />Upon expiration or termination of this Agreement for any reason, City shall, at City’s <br />sole cost and expense, deliver, or have delivered, the Election Equipment to County or <br />its designee, complete and in good order and working condition, except with respect to <br />Election Equipment with defects attributable to County’s vendor or supplier. <br /> <br />6. TERMINATION <br /> This Agreement may be terminated by either party upon seven (7) day written notice to <br />the other. Termination of this Agreement by either party and for any reason shall not <br />relieve City of any duties or obligations hereunder including but not limited to the <br />obligation to safely and securely return and deliver the Election Equipment as set forth <br />above. <br /> <br />7. DATA PRACTICES <br /> <br /> The parties, their officers, agents, owners, partners, employees, volunteers and <br />subcontractors shall abide by the provisions of the Minnesota Government Data <br />Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state <br />and federal laws, rules, regulations and orders relating to data privacy or confidentiality, <br />which may include the Health Insurance Portability and Accountability Act of 1996 <br />(HIPAA). <br /> <br />8. ADDITIONAL PROVISIONS <br /> <br /> The parties shall comply with all applicable federal, state and local statutes, regulations, <br />rules and ordinances currently in force or later enacted including but not limited to the <br />MGDPA, Minnesota Statutes section 16C.05, subd 5 and Minnesota Statutes section <br />471.425, subd. 4a and, as applicable, COUNTY’s Affirmative Action Policy. <br /> <br /> No delay or omission by either party hereto to exercise any right or power occurring <br />upon any noncompliance or default by the other party with respect to any of the terms <br />of this Agreement shall impair any such right or power or be construed to be a waiver <br />thereof unless the same is consented to in writing. A waiver by either of the parties <br />hereto of any of the covenants, conditions, or agreements to be observed by the other <br />shall not be construed to be a waiver of any succeeding breach thereof or of any <br />covenant, condition, or agreement herein contained. All remedies provided for in this <br />Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies <br />available to either party at law, in equity, or otherwise. <br /> <br /> This Agreement shall be governed by and construed in accordance with the laws of the <br />State of Minnesota. <br /> <br />100
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