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12-14-2020-R
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12-14-2020-R
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<br />14 <br /> <br />bad faith. A Member shall defend, indemnity and hold harmless Metro-INET against all claims, <br />losses, liabilities, suits, judgments, costs, and expenses arising out of action or inaction of the <br />Member regarding the Member’s Data. This JPA to defend and indemnify does not constitute a <br />waiver by Metro-INET or any Member of the limitations on liability provided by Minnesota <br />Statutes, Chapter 466. <br />ARTICLE XIV <br />AMENDMENT <br /> <br />Section 14.1. Amendment of JPA. This JPA sets forth all understandings of the Members. <br />All prior agreements, understandings, representations whether consistent or inconsistent, verbal or <br />written, concerning this JPA, are merged into and superseded by this written JPA. No modification <br />or amendment to the JPA shall be binding unless all Members agree in writing to the proposed <br />change or amendment. <br />ARTICLE XV <br />MISCELLANEOUS <br /> <br />Section 15.1. Data Practices. The Members agree to comply with the Minnesota <br />Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data created, <br />collected, received, stored, used, maintained or disseminated by Metro-INET. If a Member <br />receives a request to release the data referred to in this section, it must immediately notify the <br />executive director. The executive director will give the Member who has received the data request <br />instructions concerning the release of the data to the requester before the data is released. <br />Section 15.2. Audit. The books, records and documents relevant to this JPA are subject to <br />audit by the Members and the State of Minnesota at reasonable times upon written notice. <br />Section 15.3. Counterparts. This JPA may be executed simultaneously in two or more <br />counterparts, each of which will be deemed an original, but all of which together will constitute <br />one and the same instrument. <br />Section 15.4. Headings. The subject headings of the sections and subsections of the JPA <br />are included for purposes of convenience only, and shall not affect the construction of <br />interpretation of any of its provisions. <br />Section 15.5. Severability. In case any one or more of the provisions of this JPA shall be <br />invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the <br />remaining provisions contained in this JPA will not in any way be affected or impaired thereby. <br />Section 15.6. Applicable Law. This JPA shall be governed by and construed in accordance <br />with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this <br />JPA shall be heard in Minnesota state district or courts with the venue being in Ramsey County, <br />and the Members waive any objection to the jurisdiction of these courts, whether based on <br />convenience or otherwise.
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