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04-14-25-R
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04-14-25-R
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<br />Public Standard Form – MN Page 7 of 8 v202504 <br /> <br />that, as applicable, they will abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a) and 41 CFR <br />60-741.5(a) and that these laws are incorporated herein by reference. These regulations prohibit <br />discrimination against qualified individuals based on their status as protected veterans or individuals with <br />disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, <br />sexual orientation, gender identity or national origin. These regulations require that covered prime <br />contractors and subcontractors take affirmative action to employ and advance in employment individuals <br />without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected <br />veteran status or disability. The parties also agree that, as applicable, they will abide by the requirements <br />of Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A), relating to the notice of employee <br />rights under federal labor laws. <br /> <br />O. ASSIGNMENT. Neither party shall assign or transfer any interest in this Agreement without the prior written <br />consent of the other party. <br /> <br />P. SURVIVAL. 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 CONSULTANT under this <br />Agreement or the termination of this Agreement for any reason. <br /> <br />Q. SEVERABILITY. 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 binding upon <br />CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken <br />provision or part thereof with a valid and enforceable provision that comes as close as possible to <br />expressing the intention of the stricken provision. <br /> <br />R. CONTROLLING LAW. This Agreement is to be governed by the law of the State of Minnesota and venued in <br />courts of Minnesota; or at the choice of either party, and if federal jurisdictional requirements can be met, <br />in federal court in the district in which the project is located. <br /> <br />S. DISPUTE RESOLUTION. CLIENT and CONSULTANT agree to negotiate all disputes between them in good <br />faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute <br />resolution 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 Rule <br />114 Roster, or if mutually agreed at time of dispute submittal, a neutral from the American Arbitration <br />Association Construction Industry roster. If mediation is unsuccessful in resolving the dispute, then either <br />party may seek to have the dispute resolved by bringing an action in a court of competent jurisdiction. <br /> <br />T. MINNESOTA GOVERNMENT DATA PRACTICES ACT (MGDPA). All data collected, created, received, <br />maintained, or disseminated, or used for any purposes in the course of the CONSULTANT’S performance of <br />the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Section <br />13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as <br />state statutes and federal regulations on data privacy. The Consultant agrees to abide by these statutes, <br />rules and regulations and as they may be amended. In the event the CONSULTANT receives a request to <br />release data, it 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 additional <br />services for its reasonable labor and other direct expenses in complying with any MGDPA request, but only <br />to the extent that the request is not due to a negligent, intentional, or willful act or omission by the <br />CONSULTANT or other failure to comply with its obligations under this contract. <br /> <br /> <br />[REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] <br /> <br />
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