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<br />is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the
<br />"Act"). Contractor will not release or disclose the contents of data classified as not public to any
<br />person except at the written direction of CITY. Contractor acknowledges that, pursuant to Minn.
<br />Stat. § 13.05, subdivision 11, all of the data created, collected, received, stored, used,
<br />maintained, or disseminated by the Contractor in performing this agreement is subject to the
<br />requirements of the Act and that the Contractor must comply with the Act as if it were a
<br />government entity. Contractor agrees to defend and indemnify CITY from any claim, liability,
<br />damage or loss asserted against CITY as a result of Contractor's failure to comply with the
<br />requirements of the Act or this contract. Upon termination of this contract, Contractor agrees to
<br />return data to CITY, as requested by CITY. Contractor shall provide access to the City and its
<br />auditors, or to state auditors, to the books, records, documents, and accounting procedures and
<br />practices that are relevant to this Agreement, to the extent required by State law.
<br />
<br />29. Choice of Law. This Agreement shall be governed by and interpreted in accordance
<br />with the laws of the State of Minnesota.
<br />
<br />30. Definitions.
<br />a. Commercial Customer: The term "Commercial Customer" means non-residential
<br />customers, including businesses, public or private schools, institutions, governmental
<br />agencies and all other users of commercial-type Garbage collection services.
<br />b. Container: The term “Container” means a bag, supplied by Contractor for use by the
<br />Residential Customer to set out Soft Recyclables.
<br />c. Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners'
<br />property, within five (5) feet of the Public Street or Private Road without blocking
<br />sidewalks, driveways or on-street parking. If circumstances preclude, a Curbside shall be
<br />considered a placement suitable to the resident, convenient to Contractor's equipment,
<br />and mutually agreed to by CITY and Contractor.
<br />d. Excluded Items: The term “Excluded Items” means Garbage, Hazardous Waste,
<br />large furniture, large appliances such as refrigerators, stoves, washers and dryers,
<br />magazines, newspapers, car seats, cribs, mattresses, paint, tires, cleaners, etc. and any
<br />item heavier than fifty (50) pounds.
<br />e. Garbage: The term “Garbage” means all putrescrible and non-putrescrible solid and
<br />semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass,
<br />yard debris, leaves, swill, demolition and construction wastes, dead animals piles of
<br />debris, car parts, construction or demolition debris, any item that would be considered
<br />Hazardous Waste, or stumps.
<br />f. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or
<br />dangerous waste, substance or material, or contaminant, pollutant or chemical, known or
<br />unknown, defined or identified as such in any existing or future local, state or federal law,
<br />statute, code, ordinance, rule, regulation, guideline, decree or order relating to human
<br />health or the environment or environmental conditions, including but not limited to any
<br />substance that is defined as hazardous by 4 0 C .F .R. Part 2 61 and regulated as
<br />hazardous waste by the United States Environmental Protection Agency under Subtitle C
<br />of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et
<br />seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984;
<br />the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute
<br />or regulation governing the treatment, storage, handling or disposal of waste imposing
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