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This Agreement contains all negotiations and agreements between State and Grantee. No
<br />other understanding regarding this Agreement, whether written or oral, may be used to bind
<br />either party.
<br />8 Liability
<br />Grantee must indemnify, save, and hold State, its agents, and employees harmless from any
<br />claims or causes of action, including attorney's fees incurred by State, arising from the
<br />expenditures of the funds provided by this Agreement by Grantee or Grantee's agents or
<br />employees.
<br />Audits and Reports
<br />Under Minnesota Statutes, § 16C.05, subd. 5, and 1613.98, subd. 8, Grantee's books, records,
<br />documents, and accounting procedures and practices relevant to this Agreement are subject to
<br />examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a
<br />minimum of six years from the end of this Agreement, receipt and approval of all final reports, or
<br />the required period of time to satisfy all state and program retention requirements, whichever is
<br />later. Grantee must cooperate with any audits related to the use of these funds conducted by the
<br />United States Election Assistance Commission, Office of the Inspector General. In addition,
<br />Grantee must report expenditures made during the term of this Agreement upon request of the
<br />State, including but not limited to a final report prior to the end of the term of the Agreement.
<br />10 Government Data Practices
<br />Grantee and State must comply with the Minnesota Government Data Practices Act, Minnesota
<br />Statutes, Ch. 13, as it applies to all data provided by the State under this Agreement, and as it
<br />applies to all data created, collected, received, stored, used, maintained, or disseminated by
<br />Grantee under this Agreement. The civil remedies of Minnesota Statutes, § 13.08 apply to the
<br />release of the data referred to in this clause by either Grantee or State.
<br />If Grantee receives a request to release the data referred to in this Clause, Grantee must
<br />immediately notify State. State will give Grantee instructions concerning the release of the data to
<br />the requesting party before the data is released. Grantee's response to the request shall comply
<br />with applicable law.
<br />11 Workers' Compensation
<br />Grantee certifies that it is in compliance with Minnesota Statutes, § 176.181, subd. 2, pertaining
<br />to workers' compensation insurance coverage. Grantee's employees and agents will not be
<br />considered State employees. Any claims that may arise under the Minnesota Workers'
<br />Compensation Act on behalf of these employees and any claims made by any third party as a
<br />consequence of any act or omission on the part of these employees are in no way the State's
<br />obligation or responsibility.
<br />12 Property and Casualty Insurance
<br />Grantee is required to maintain a property and casualty insurance policy covering "All Risk" (or
<br />equivalent) of direct physical loss or damage, including, but not limited to, the perils of transit (if
<br />applicable), theft, and flood for devices or systems acquired using funds granted under the
<br />Agreement. The insurance limit shall be equal to the replacement cost of any electronic roster
<br />systems purchased with funds from this grant. Any deductible shall be the sole responsibility
<br />of Grantee.
<br />13 Governing Law, Jurisdiction, and Venue
<br />Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue
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