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1998_0112_packet
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1998_0112_packet
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The Municipality and Counter mutually agree to defend, hold <br /> harmless, and indemnify the other party, its cfficials, agents, <br /> and employees, from any liability, loss, or damage they may suffer <br /> as a result of demands, claims, judgments, or costs arising out <br /> of or caused by the indemnifying party' s negligence in the <br /> performance of their respective obligations under the provisions <br /> of this Agreement . This provision shall not be construed nor <br /> operate as a waiver of any applicable limits of or exceptions to <br /> liability set by law. <br /> d. All data created, collected, received, Maintained, or <br /> disseminated for any purpose in the course of this Agreement is <br /> governed by the Minnesota Government Data Practices Act, Minn. <br /> stat . ch. 13 , any other applicable state statute, or any state <br /> rules adopted to implement the act, as well as federal regulations <br /> on data privacy. The Municipality agrees to abide by these <br /> statutes, rules, and regulations . <br /> e . All books, records, documents, and accounting procedures and <br /> practices of the Municipality and its (sub) contractor (s) , if any, <br /> relative to this Agreement are subject to examination by the <br /> County and the state Auditor, as appropriate, in accordance with <br /> the provisions of Minn. stat . 165. 06, subd. 4 . <br /> f . The Municipality will be required to pay any subcontractor <br /> within ten days of receipt of payment from the county for <br /> undisputed services provided by the subcontractor. The <br /> Municipality will be required to pay interest of 1 percent per <br /> month or any part of a month to the subcontractor on any <br /> undisputed amount not paid on time to the subcontractor-. The <br /> minimum monthly 'Interest penalty payment for an unpaid balance of <br /> $100 or more is $10 . 00 , For an unpaid balance of less than $loo , <br /> the Municipality shall pay the actual penalty due to the <br /> subcontractor. A subcontractor who prevails in a civil action to <br /> collect interest penalties from the Municipality, must be awarded <br /> its costs and disbursements, including attorney' s fees, incurred <br /> W <br /> n bringing the action. <br /> g. The Municipality shall make all reasonable efforts to ensure <br /> that their employees, officials and subcontractors do not engage <br /> in violence while performing under this contract . violence, as <br /> defined by the Ramsey county Workplace Violence Policy, is any <br /> action that I' s the use of physical force, harassment, or <br /> intimidation or abuse of power or authority where the impact is <br /> to control by causing pain, fear or hurt . <br /> h. All equipment purchased using funds provided in this Agreement <br /> shall remain the property of the Municipality. <br /> i . Any amendments to this Agreement shall be in writing and signed <br /> by both parties <br />
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