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2016.05.16 CC Packet
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2016.05.16 CC Packet
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City Council
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Agenda/Packets
Meeting Date
5/16/2016
Meeting Type
Regular
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k. Counterparts. This Agreement may be executed in counterparts, each of <br />which shall be deemed an original and all of which shall constitute one and the same agreement. <br />1. Further Assurances. From time to time and at any time at and after the <br />execution of this Agreement, each Party shall execute, acknowledge and deliver such documents <br />and assurances, reasonably requested by the other for the purpose of effecting or confirming any <br />of the transactions contemplated by this Agreement. <br />M. Survival. The provisions of Sections 10, (Remedies, Limitation of <br />Liability; Waiver), 13(c) (Severability), 13(d) (Governing Law), and 13(e) (Dispute Resolution) <br />shall survive the expiration or earlier termination of this Agreement for a period of six (6) years <br />thereafter. <br />n. No Third -Party Beneficiaries. This Agreement is intended solely for the <br />benefit of the Parties hereto. Except as expressly set forth in this Agreement, nothing in this <br />Agreement shall be construed to create any duty to or standard of care with reference to, or any <br />liability to, or any benefit for, any person not a party to this Agreement. <br />o. Confidentiali . Each Party agrees that it will not disclose Not Public <br />Data (as hereinafter defined), directly or indirectly, under any circumstances or by any means <br />(excluding disclosures to the LDC or as are required as a participant in the CSG Program), to any <br />third person without the express written consent of the other Party unless such disclosure is <br />permitted by the Minnesota Government Data Practices Act, Minn. Stat. ch. 13, or required by <br />applicable Law. "Not Public Data' means, not public data as defined in Minnesota Statutes § <br />13.02, subd. 8a (2014). <br />P. Data Practices. <br />i. Consistent with Minnesota Statutes, section 13.05, subdii ision 6, if <br />any data on individuals is made available to ANCSGI by the Subscriber under this Agreement, <br />ANCSGI will administer and maintain any such data in accordance with Minnesota Statutes, <br />Chapter 13 (the "Minnesota Government Data Practices Act'), and any other statutory <br />provisions applicable to the data. If and to the extent that Minnesota Statutes, section 13.05, <br />subdivision 11, is applicable to this Agreement, then: (A) all of the data created, collected, <br />received, stored, used, maintained, or disseminated by ANCSGI in performing this Agreement <br />are subject to the requirements of the Minnesota Government Data Practices Act; (B) ANCSGI <br />must comply with those requirements as if it were a government entity; and (C) the remedies in <br />Minnesota Statutes, section 13.08 apply to ANCSGI. <br />ii. Consistent with Minnesota Statutes, section 13.055, if "private data <br />on individuals," "confidential data on individuals" or other "not public data" are provided to or <br />made accessible to ANCSGI by the Subscriber, ANCSGI must: (A) have safeguards to ensure <br />private or confidential data on individuals or other not public data are only accessible or <br />viewable by ANCSGI employees and agents whose work assignments in connection with the <br />performance of this Agreement reasonably require them to have access to the data; (B) <br />immediately notify the Subscriber of any unauthorized access by ANCSGI employees and <br />agents, and unauthorized access by third parties; (C) fully cooperate with Subscriber <br />11 <br />
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