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6.3. Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its
<br />right to enforce it.
<br />7. Liability., The Grantee must indemnify, save, and hold the State, Its agents, and employees harmless from any claims or
<br />causes of action, including attorney's fees incurred by the State, arising from the performance of this Grant Agreement by the
<br />Grantee or the Grantee's agents or employees. This clause will not be construed -to bar any legal remedies the.Grantee may
<br />have for the State's failure to fulfill its obligations under this Grant Agreement.
<br />8. State Audits. Under Minn. Stat. § 16B.98, subd. 8, the Grantee's books, records, documents, and accounting procedures and
<br />practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the
<br />Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant
<br />Agreement, receipt and approval of ail final reports, or the required period of time to satisfy all State and program retention
<br />requirements, whichever is later.
<br />8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of
<br />government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and
<br />are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the
<br />receipt and expenditure of grant funds.
<br />9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn.
<br />Stat. Ch.13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected,
<br />received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn.
<br />Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State.
<br />10. Workers' Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to
<br />workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any
<br />claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by
<br />any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or
<br />responsibility.
<br />11. Publicity and Endorsement.
<br />11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring
<br />agency. For purposes of this provision, publicity includes notices, informational parnphlets,..press releases, research,
<br />reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any
<br />subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement.
<br />11.2. Endorsement. The Grantee must not claim that the State endorses its products or services.
<br />12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Grant
<br />Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate State or federal
<br />court with competent jurisdiction in Ramsey County, Minnesota.
<br />13. Termination.
<br />13.1. The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days' written notice to the
<br />Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rate basis, for services
<br />satisfactorily performed.
<br />13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines
<br />that the appropriation .unconstitutionally substitutes for a traditional source of funding.
<br />13.3. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with
<br />the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the
<br />funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the.State
<br />of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds
<br />already disbursed. _
<br />14. Data Disclosure. Under Minn. Stat. § 270C.6S, Subd. 3, and other applicable law, the Grantee consents to disclosure of its
<br />social security number,, federal employer tax identification number, and/or Minnesota tax identification number, already
<br />provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These
<br />identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the
<br />Grantee to file State tax returns and pay delinquent State tax liabilities, if any.
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