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12-14-2020-R
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12-14-2020-R
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<br />13 <br /> <br />Section 12.2. Effectuation of Dissolution. In the event of dissolution, the Board shall <br />determine the measures necessary to effectuate the dissolution and shall provide for the taking of <br />such measures as promptly as circumstances permit and subject to the provisions of this JPA. <br /> <br />Section 12.3. Distribution of Assets and Payment of Outstanding Obligations. Upon <br />dissolution, the remaining assets of Metro-INET and payment of all of its outstanding obligations, <br />the remaining assets of Metro-INET shall be distributed among the then existing Members in <br />proportion to their contributions, as determined by the Board. <br /> <br />Section 12.4. Allocation of Deficit. If, upon dissolution, there is an organizational deficit, <br />such deficit shall be charged to and paid by the Members on a pro rata basis, based upon the Class <br />1 and 2 Charges incurred by such Members during the two years preceding the event which gave <br />rise to the dissolution. <br /> <br />Section 12.5. Distribution of Computer Software. In the event of dissolution the <br />following provisions shall govern the distribution of computer software owned by or licensed to <br />Metro-INET: <br /> <br />(a) All such software shall be an asset of Metro-INET. <br /> <br />(b) A Member or former Member may use (but may not authorize reuse by others) any <br />software developed during its membership upon (1) paying any unpaid sums due <br />Metro-INET; (2) paying the costs of taking such software; and (3) complying with <br />reasonable rules and regulations of the Board relating to the taking and use of such <br />software. Such rules and regulations may include a reasonable time within which <br />such software must be taken by any Member or former Member desiring to do so. <br /> <br />ARTICLE XIII <br />INDEMNIFICATION <br /> <br />Section 13.1. Cooperative Activity of Single Governmental Unit. Metro-INET shall be <br />considered a separate and distinct public entity to which the Members have transferred all <br />responsibility and control for actions taken pursuant to this JPA. To the fullest extent permitted by <br />law, actions by the Members pursuant to this JPA are intended to be and shall be construed as a <br />“cooperative activity” and it is the intent of the Members that they shall be deemed a “single <br />governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, <br />subdivision 1a (a); provided further that for purposes of that statute, each Member expressly <br />declines responsibility for the acts or omissions of the other party. The Members are not liable for <br />the acts or omissions of the other Members except to the extent to which they have agreed in <br />writing to be responsible. <br />Section 13.2. Indemnification. Metro-INET shall defend, indemnify and hold harmless <br />the Members against all claims, losses, liabilities, suits, judgments, costs and expenses arising out <br />of action or inaction of the Board, its Directors or Alternates, the Fiscal Agent, the executive <br />director and other employees or agents of Metro-INET pursuant to this JPA. Metro-INET shall <br />defend and indemnify the employees of any Member acting pursuant to the JPA except for any act <br />or omission for which the Member’s employee is guilty of malfeasance, willful neglect of duty or
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