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9 State Audits
<br />Under Minn. Stat. §16B.98, Subd.8, the Grantee's books, records, documents, and accounting
<br />procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are
<br />subject to 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 grant 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 later.
<br />1 0 Government Data Practices and Intellectual Property
<br />1(x.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government
<br />Data Practices Act,, Minn. Stat. Ch. 13,, as it applies to all data provided by the State under this
<br />grant contract,, and as it applies to all data created, collected, received, stored, used, maintained, or
<br />disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08
<br />apply to the release of the data referred to in this clause by either the Grantee or the State.
<br />If the Grantee receives a request to release the data referred to in this Clause,, the Grantee must
<br />immediately notify the State. The State will give the Grantee instructions concerning the release
<br />of the data to the requesting party before the data is released. The Grantee's response to the request
<br />shall comply with applicable law.
<br />10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used
<br />under this grant contract do not and will not infringe upon any intellectual property rights of
<br />another,, including but not limited to patents, copyrights, trade secrets,, trade names,, and service
<br />marks and names. Grantee shall indemnify and defend the State,, at Grantee's expense, from any
<br />action or claim brought against the State to the extent that it is based on a claim that all or part of
<br />the materials infringe upon the intellectual property rights of another. Grantee shall be responsible
<br />for payment of any and all such claims, demands, obligations, liabilities, costs, and damages
<br />including, but not limited to reasonable attorneys' fees arising out of this grant contract,,
<br />amendments and supplements thereto, which are attributable to such claims or actions.
<br />If such a claim or action arises,, or in Grantee's or the State's opinion is likely to arise, Grantee
<br />shall,, at the State's discretion,, either procure for the State the right or license to continue using the
<br />materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in
<br />addition to and shall not be exclusive to other remedies provided by law.
<br />H Workers' Compensation
<br />The Grantee certifies that it is in compliance with Minn. Stat. § 176.181,, subd. 2, pertaining to workers'
<br />compensation insurance coverage. The Grantee's employees and agents will not be considered State
<br />employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of
<br />these employees and any claims made by any third party as a consequence of any act or omission on the
<br />part of these employees are in no way the State's obligation or responsibility.
<br />12 Publicity and Endorsement
<br />12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State
<br />as the sponsoring agency and must not be released without prior written approval from the State's
<br />Authorized Representative. For purposes of this provision, publicity includes notices,
<br />informational pamphlets, press releases, research, reports, signs, and similar public notices
<br />prepared by or for the Grantee individually or jointly with others, or any subcontractors,, with
<br />respect to the program, publications, or services provided resulting from this grant contract.
<br />12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
<br />Grant (Rev. 09/11)
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