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SWIFT Contract # 40962 <br /> MN002139A <br /> 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, <br /> BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is <br /> remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and <br /> BCA may terminate this Agreement immediately. <br /> 9.3 Sanctions Involving Only Court Data Services <br /> The following provisions apply to those systems and tools covered by the Court Data Services Subscriber <br /> Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the <br /> delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is <br /> required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed <br /> by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, <br /> after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or <br /> terminate may also be made based on a request from the Authorized Representative of Agency. The agreement <br /> further provides that only the Court has the authority to reinstate access and use. <br /> 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's <br /> Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. <br /> Agency also understands that reinstatement is only at the direction of the Court. <br /> 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of <br /> the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. <br /> 10 Venue <br /> Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal <br /> court with competent jurisdiction in Ramsey County, Minnesota. <br /> 11 Termination <br /> 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 <br /> days' written notice to the other party's Authorized Representative. <br /> 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not <br /> obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level <br /> sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other <br /> party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice <br /> and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for <br /> services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if <br /> the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to <br /> appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party <br /> receiving that notice. <br /> 12 Continuing obligations <br /> The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government <br /> Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. <br /> 5 <br /> 30 <br />