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GREAT
<br />AMew,
<br />RI VEVIVOW
<br />GREENING
<br />11. Force Maieure
<br />Landowner Name and GRG agree that GRG shall not be liable for any delay or inability to perform this agreement,
<br />directly or indirectly caused by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot,
<br />civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of
<br />GRG and the Landowner Name (DNR, City, County, Private landowner) .
<br />12. Data Practices
<br />GRG, its agents, employees and any subcontractors of GRG, in providing all services hereunder, agree to abide by
<br />the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules
<br />promulgated pursuant to Ch. 13. GRG understands that it must comply with these provisions as if it were a
<br />government entity. GRG agrees to indemnify and hold the Landowner Name, its officers, department heads and
<br />employees harmless from any claims resulting from the GRG's unlawful disclosure, failure to disclose or use of data
<br />protected under state and federal laws.
<br />13. Termination
<br />This agreement may be terminated by either party, with or without cause upon 30 days written notice to GRG or the
<br />Authorized Agent of the Landowner Name.
<br />14. Independent Contractor
<br />It is agreed that nothing contained in this agreement is intended or should be construed as creating the relationship of
<br />a partnership, joint venture, or association with the Landowner Name and GRG. GRG is an independent contractor,
<br />and it, its employees, agents, subcontractors, and representatives shall not be considered employees, agents or
<br />representatives of the Landowner Name (DNR, City, County, Private landowner). Except as otherwise provided
<br />herein, GRG shall maintain, in all respects, its present control over the means and personnel by which this agreement
<br />is performed. From any amounts due GRG, there shall be no deduction for federal income tax, FICA payments, state
<br />income tax, or for any other purposes which are associated with an employer/employee relationship unless otherwise
<br />required by law. Payment of federal income tax, FICA payments, state income tax, unemployment compensation
<br />taxes, and other payroll deductions and taxes are the sole responsibility of GRG.
<br />15. Notices
<br />Any notices to be given under this agreement shall be given by enclosing the same in a sealed envelope, postage
<br />prepaid, and depositing the same with the United States Postal Service, addressed to GRG at its address stated
<br />herein, and to the authorized agent of the Landowner Name at the address stated herein.
<br />16. Controlling Law
<br />The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and
<br />construction of this agreement, the legal relations between the parties and performance under the agreement. The
<br />appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County or
<br />Landowner Name, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the
<br />appropriate federal court within the State of Minnesota. If any provision of this contract is held invalid, illegal or
<br />unenforceable, the remaining provisions will not be affected.
<br />17. Successors and Assigns
<br />The Landowner Name and GRG, respectively, bind themselves, their partners, successors, assigns, and legal
<br />representatives to the other party to this agreement and to the partners, successors, assigns, and legal
<br />representatives of such other party with respect to all covenants of this agreement. Neither the Landowner Name nor
<br />GRG shall assign, sublet, or transfer any interest in this agreement without the prior written consent of the other.
<br />18. Equal Employment and Americans with Disabilities
<br />In connection with the work under this agreement, GRG agrees to comply with the applicable provisions of state and
<br />federal equal employment opportunity and nondiscrimination statutes and regulations. Failure on the part of GRG to
<br />conduct its own employment practices in accordance with (' ' Policy may result in the withholding
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