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<br />6.3. Waiver. If the Board fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its
<br />right to enforce it.
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<br />7. Liability.
<br />The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action,
<br />including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the
<br />Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State’s
<br />failure to fulfill its obligations under this Grant Agreement.
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<br />8. State Audits.
<br />Under Minn. Stat. § 16B.98, Subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the
<br />Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the
<br />State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt
<br />and approval of all final reports, or the required period of time to satisfy all State and program retention requirements,
<br />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 are
<br />subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and
<br />expenditure of grant funds.
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<br />9. Government Data Practices.
<br />The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all
<br />data provided by the State under this Grant Agreement, and as it applies to all data created, collected, received, stored, used,
<br />maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the
<br />release of the data referred to in this clause by either the Grantee or the State.
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<br />10. Workers’ Compensation.
<br />The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers’ compensation insurance
<br />coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the
<br />Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence
<br />of any act or omission on the part of these employees are in no way the State’s obligation or responsibility.
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<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 pamphlets, 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
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<br />12. Governing Law, Jurisdiction, and Venue.
<br />Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings
<br />out of this Grant Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in
<br />Ramsey County, Minnesota.
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<br />13. Termination.
<br />13.1. The Board 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 rata 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 that
<br />the appropriation unconstitutionally substitutes for a traditional source of funding.
<br />13.3. The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with
<br />the provisions of this Grant Agreement, 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 Board may take action to protect the interests of the State of
<br />Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already
<br />disbursed.
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