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ARTICLE 7. OTHER PROVISIONS <br />A.MINNESOTA GOVERNMENT DATA PRACTICES ACT.Consultant must <br />comply with the Minnesota Government Data Practices Act,Minnesota Statutes <br />Chapter 13,as it applies to (1)all data provided by the City pursuant to this <br />Agreement,and (2)all data,created,collected,received,stored,used, <br />maintained,or disseminated by Consultant pursuant to this Agreement. <br />Consultant is subject to all the provisions of the Minnesota Government Data <br />Practices Act,including but not limited to the civil remedies of Minnesota Statutes <br />Section 13.08,as if it were a government entity if a Court of competent <br />jurisdiction so finds.In the event Consultant receives a request to release data, <br />Consultant must immediately notify City.City will give Consultant instructions <br />concerning the release of the data to the requesting party before the data is <br />released.Consultant agrees to defend,indemnify,and hold City,its officials, <br />officers,agents,employees,and volunteers harmless from any claims resulting <br />from Consultant’s officers’,agents’,partners’,employees’,volunteers’, <br />assignees’or subcontractors’unlawful disclosure and/or use of protected data. <br />The terms of this paragraph shall survive the cancellation or termination of this <br />Agreement. <br />B.COPYRIGHT.Consultant shall defend actions or claims charging infringement of <br />any copyright or software license by reason of the use or adoption of any <br />software,designs,drawings or specifications supplied by it,and it shall hold <br />harmless the City from loss or damage resulting therefrom,but the Consultant <br />shall not be liable for any defense of the City’s use of such software,designs, <br />drawings,or specifications when the Consultant has provided written notice of <br />the source of any such materials. <br />C.RECORDS.Consultant shall maintain complete and accurate records of hours <br />worked and expenses involved in the performance of services for a period of no <br />less than thirty six (36) months following said work. <br />D.WAIVER.Any waiver by either party of a breach of any provisions of this <br />Agreement shall not affect,in any respect,the validity of the remainder of this <br />Agreement. <br />CONDITIONS HEREIN AGREED TO: <br />GRITTMAN CONSULTING, LLC. <br />___________________________________________________ <br />Stephen W. Grittman, Principal Date