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03-09-2020-R
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03-09-2020-R
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Revised 9/02 <br />2 <br />5 Authorized Representatives <br />The State's Authorized Representative is Scott Miller, ICWC Supervisor or his successor. <br /> <br />The Purchaser’s Authorized Representative is Todd Blomstrom, Public Works Director/City Eng or his <br />successor. <br /> <br />6 Liability <br />Each party will be responsible for its own acts and omissions and the results thereof. <br /> <br />7 Amendments, Waiver, and Contract Complete <br />7.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it <br />has been executed and approved by the same parties who executed and approved the original <br />contract, or their successors in office. <br />7.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the <br />provision or its right to enforce it. <br />7.3 Contract Complete. This contract contains all negotiations and agreements between the State and <br />the Purchaser. No other understanding regarding this contract, whether written or oral, may be <br />used to bind either party. <br /> <br />8 Government Data Practices <br />The Purchaser must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it <br />applies to all data provided by the State under this contract. The civil remedies of Minn. Stat. § 13.08 apply <br />to the release of the data referred to in this clause by either the Purchaser or the State. <br /> <br />If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must <br />immediately notify the State. The State will give the Purchaser instructions concerning the release of the <br />data to the requesting party before the data is released. <br /> <br />9 Publicity <br />Any publicity regarding the subject matter of this contract must not be released without prior written <br />approval from the State’s Authorized Representative. <br /> <br />10 Audit <br />Under Minn. Stat. Section 16C.05, subd. 5, the Purchaser’s books, records, documents, and accounting <br />procedures and practices relevant to this contract are subject to examination by the State and/or the State <br />Auditor or Legislative Auditor, as appropriate, for a total of six years. <br /> <br />11 Governing Law, Jurisdiction, and Venue <br />Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal <br />proceedings out of this contract, or its breach, must be in the appropriate state or federal court with <br />competent jurisdiction in Ramsey County, Minnesota. <br /> <br />12 Termination <br />Either party may terminate this agreement at any time, with or without cause, upon 30 days’ written notice <br />to the other party. <br /> <br />
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