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ERF Grant (Revised 09/2024)
<br />10. DATA, SYSTEMS, AND INTELLECTUAL PROPERTY
<br />A.GRANTEE, its officers, agents, owners, partners, employees, volunteers,
<br />subcontractors, and subgrantees shall, to the extent applicable, abide by the provisions
<br />of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13
<br />(MGDPA) and all other applicable law, rules, regulations and orders relating to data or
<br />the privacy, confidentiality or security of data. For clarification and not limitation,
<br />COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes
<br />section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify
<br />COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to
<br />such claims, under the MGDPA or other data, data security, privacy or confidentiality
<br />laws, and shall also comply with the other requirements of this Section.
<br />Classification of data, including trade secret data, will be determined pursuant to
<br />applicable law and, accordingly, merely labeling data as “trade secret” by GRANTEE
<br />does not necessarily make the data protected as such under any applicable law.
<br />B.Intentionally omitted.
<br />C.Intentionally omitted.
<br />D.Intentionally omitted.
<br />11. RECORDS, AVAILABILITY/ACCESS
<br />Subject to the requirements of Minnesota Statutes section 6.551, the State Auditor, or any
<br />of their authorized representatives, at any time during normal business hours, and as often
<br />as they may reasonably deem necessary, shall have access to and the right to examine,
<br />audit, excerpt, and transcribe any books, documents, papers, records, etc., which are
<br />pertinent to the accounting practices and procedures of GRANTEE and involve
<br />transactions relating to this Agreement. GRANTEE shall maintain these materials and
<br />allow access during the period of this Agreement and for six (6) years after its expiration
<br />or termination.
<br />12. SUCCESSORS, SUBCONTRACTING, AND ASSIGNMENTS
<br />A.GRANTEE binds itself, its partners, successors, assigns and legal representatives
<br />to COUNTY for all covenants, agreements and obligations herein.
<br />B.GRANTEE shall not assign, transfer or pledge this Agreement, whether in whole
<br />or in part, nor assign any monies due or to become due to it without the prior written
<br />consent of COUNTY. A consent to assign shall be subject to such conditions and
<br />provisions as COUNTY may deem necessary, accomplished by execution of a form
<br />prepared by COUNTY and signed by GRANTEE, the assignee and COUNTY.
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