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or employees, in the execution, performance, or failure to perform the Contractor's obligations pursuant to <br />this Agreement. <br />This Agreement to hold harmless and indemnify shall not apply to any claim arising out of a situation <br />where the Contractor has previously notified the Jurisdiction of a failure by an owner or permit applicant <br />to comply with the appropriate Code and the Jurisdiction fails to enforce the Code. <br />Nothing in this Agreement shall constitute a waiver by the parties of any statutory limits or immunities <br />from liability, including but not limited to MN Rules 1300.0110, Subpart 9, and Minnesota Statute <br />§466.04. <br />2. XVII. Subject to Audit. In accordance with Minnesota law, the Contractor agrees that all books, records, <br />documents, and accounting practices directly related to the use of public funds under this Agreement are <br />subject to examination by the Jurisdiction and either the Legislative Auditor or State Auditor, as applicable, <br />for a period of at least six (6) years from the termination of this Agreement. If the Jurisdiction requests the <br />State Auditor to perform the audit, the Jurisdiction shall bear the cost. If the Contractor requests the State <br />Auditor to perform the audit, the Contractor shall bear the cost. <br />3. The Services listed on Exhibit A to the June 14, 2021 Agreement is repealed and replaced in its <br />entirety with the attached Exhibit A — Services. <br />IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement, both in duplicate, on <br />the day and year first above written. <br />JURIS ICTION <br />David Grant, Mayor <br />ATTEST: <br />oJA dA"� <br />Julie H on, City Clerk <br />Gh2ad�►. CONTRACTOR <br />Andy J. S eder, Chief Building Official & Owner <br />