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2011_0124_packet
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11/8/2011 4:19:58 PM
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91. 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 tinder this Agreement until the failure is <br />remedied to the BC' A'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.,3.1 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 />9.31.2 Agency furt, her 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 />II T"erimination <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 fot Insufficient Funding. Either party may irnmediately terminate this Agreement if it does not <br />obtain funding from the Minnesota Leizislature, 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 ofterniination. However, the BCA will be entitled to payment, determined on -a pro rata basis, for <br />services satisfactiorily performed to the extent that funds are available. Neither party will be assessed any penalty if <br />the agTieernient 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 w,ithin a, reasonable time of the affected party <br />receiving that notice. <br />12 Continuing obligatiolls <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 />
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