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<br />Public Standard Form – MN Page 10 of 11 2019 (20190712) <br /> <br /> All obligations, representations and provisions made in or given in Section IV and Documents <br />Retention clause of this Agreement will survive the completion of all services of the <br />CONSULTANT under this Agreement or the termination of this Agreement for any reason. <br /> <br />Q. SEVERABILITY <br /> <br /> Any provision or part of the Agreement held to be void or unenforceable under any law or <br />regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and <br />binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to <br />replace such stricken provision or part thereof with a valid and enforceable provision that comes as <br />close as possible to expressing the intention of the stricken provision. <br /> <br />R. CONTROLLING LAW <br /> <br /> This Agreement is to be governed by the law of the State of Minnesota and venued in courts of <br />Minnesota; Ramsey County, or at the choice of either party, and if federal jurisdictional <br />requirements can be met, in federal court in the district in which the project is located. <br /> <br />S. DISPUTE RESOLUTION <br /> <br /> CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a <br />period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution <br />or exercising their rights under law. Any claims or disputes unresolved after good faith <br />negotiations shall then be submitted to mediation using a neutral from the Minnesota District Court <br />Rule 114 Roster, or if mutually agreed at time of dispute submittal, a neutral from the American <br />Arbitration Association Construction Industry roster. If mediation is unsuccessful in resolving the <br />dispute, then either party may seek to have the dispute resolved by bringing an action in a court of <br />competent jurisdiction. <br /> <br />T. MINNESOTA GOVERNMENT DATA PRACTICES ACT (MGDPA) <br /> <br />All data collected, created, received, maintained, or disseminated, or used for any purposes in the <br />course of the CONSULTANT’S performance of the Agreement is governed by the Minnesota <br />Government Data Practices Act, Minnesota Statutes Section 13.01, et seq. or any other applicable <br />state statutes and state rules adopted to implement the Act, as well as state statutes and federal <br />regulations on data privacy. The Consultant agrees to abide by these statutes, rules and regulations <br />and as they may be amended. In the event the CONSULTANT receives a request to release data, it <br />shall notify CLIENT as soon as practical. The CLIENT will give instructions to CONSULTANT <br />concerning release of data to the requesting party and CONSULTANT will be reimbursed as <br />additional services for its reasonable labor and other direct expenses in complying with any <br />MGDPA request, but only to the extent that the request is not due to a negligent, intentional or <br />willful act or omission by the CONSULTANT or other failure to comply with its obligations under <br />this contract. <br /> <br /> <br /> <br />