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2015_0723_CCpacket
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2015_0723_CCpacket
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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 <br />the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be <br />in addition to and shall not be exclusive to other remedies provided by law. <br />11 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 <br />the 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 />13 Governing Law, Jurisdiction, and Venue <br />Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all <br />legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal <br />court with competent jurisdiction in Ramsey County, Minnesota. <br />14 Termination <br />14.1 Termination by the State. The State may immediately terminate this grant contract with or <br />without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee will be <br />entitled to payment, determined on a pro-rata basis, for services satisfactorily performed. <br />14.2 Termination for Cause. The State may immediately terminate this grant contract if the State <br />finds that there has been a failure to comply with the provisions of this grant contract, that reasonable <br />progress has not been made or that the purposes for which the funds were granted have not been or <br />will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, <br />including the refusal to disburse additional funds and requiring the return of all or part of the funds <br />already disbursed. <br />14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if: <br />a) It does not obtain funding from the Minnesota Legislature; or <br />b) If funding cannot be continued at a level sufficient to allow for the payment of the services <br />covered here. <br />c) Termination must be by written notice to the Grantee. The State is not obligated to pay for any <br />services that are provided after notice and effective date of termination. However, the Grantee <br />will be entitled to payment, determined on a pro-rata basis, for services satisfactorily <br />pertormed to the extent that funds are available. The State will not be assessed any penalty if <br />the contract is terminated because of the decision of the Minnesota Legislature, or other <br />funding source, not to appropriate funds. The State must provide the Grantee notice of the <br />lack of funding within a reasonable time of the State's receiving that notice. <br />15 Data Disclosure <br />Under Minn. Stat. § 2�OC.65, Subd. 3, and other applicable iaw, the Grantee consents to disclosure of <br />Automobile Theft Prevention Grant Program FY 16-17 <br />
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