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SWIFT Contract # 190109 <br />MN0620800 <br />the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber <br />Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its <br />own initiative or when directed by the Court. The decision to suspend or terminate access may be made as <br />soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an <br />investigation has occurred. The decision to suspend or terminate may also be made based on a request <br />from the Authorized Representative of Governmental Unit. The agreement further provides that only the <br />Court has the authority to reinstate access and use. <br />9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment <br />and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and <br />use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is <br />only at the direction of the Court. <br />9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its <br />Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an <br />investigation as described in Clause 9.1 may occur. <br /> <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 /> <br />11 Termination <br />11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without <br />cause, upon 30 days’ written notice to the other party’s Authorized Representative. <br />11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not <br />obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued <br />at a level sufficient to allow for the payment of the services covered here. Termination must be by written <br />notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any <br />services that are provided after notice and effective date of termination. However, the BCA will be entitled <br />to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds <br />are available. Neither party will be assessed any penalty if the agreement is terminated because of the <br />decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack <br />of funding must be provided within a reasonable time of the affected party receiving that notice. <br /> <br />12 Continuing Obligations <br />The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data <br />Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. <br /> <br /> <br /> <br /> <br />宀宀宀宀宀宀宴宨宥宀客审宬审宮宣宥宀宯宦宀宴宨宩害宀宰审宧宥宀宩宮宴宥宮宴宩宯宮审宬宬容宀宬宥宦宴宀客宬审宮宫 <br /> <br /> <br />6 <br /> <br />DPS/BCA CJDN JPA_March 2021 <br /> <br />