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<br />party against either the Owner or Architect.
<br />
<br />§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence,
<br />handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project
<br />site.
<br />
<br />§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among
<br />the ArchitectÓs promotional and professional materials. The Architect shall be given reasonable access to the completed
<br />Project to make such representations. However, the ArchitectÓs materials shall not include the OwnerÓs confidential or
<br />proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by
<br />the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the OwnerÓs
<br />promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner
<br />terminates this Agreement for cause pursuant to Section 9.4.
<br />
<br />§ 10.8 If the Architect or Owner receives information specifically designated as ÐconfidentialÑ or Ðbusiness proprietary,Ñ the
<br />receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth
<br />in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. All data applicable to this Agreement,
<br />including data regarded as trade secret by Architect, shall be governed by the Minnesota Government Data Practices Act
<br />(ÐMGDPAÑ), Minnesota Statutes, Chapter 13.
<br />
<br />§ 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 daysÓ notice to the other
<br />party, when required by law, including but not limited to the MGDPA, or when required by an arbitratorÓs order, or court
<br />order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the
<br />extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may
<br />also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and
<br />exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the
<br />disclosure and use of such information as set forth in this Section 10.8.
<br />
<br />§ 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is
<br />determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision
<br />shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be
<br />construed, to the fullest extent permitted by law, to give effect to the partiesÓ intentions and purposes in executing the
<br />Agreement.
<br />
<br />£ 10.10 Record KeepingÐAvailability and Retention
<br />Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, Architect agrees that the books, records, documents and accounting
<br />procedures and practices of Architect, that are relevant to the Contract or transaction, are subject to examination by the Owner
<br />and the state auditor for a minimum of six (6) years. Architect shall maintain such records for a minimum of six (6) years after
<br />final payment.
<br />
<br />§ 10.11 Data Practices
<br />Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of the data created, collected, received, stored, used, maintained, or
<br />disseminated by Architect in performing this contract is subject to the requirements of the Minnesota Government Data
<br />Practices Act (ÐMGDPAÑ), Minnesota Statutes Chapter 13, and Architect must comply with those requirements as if it were a
<br />government entity. The remedies in Minnesota Statutes, Section 13.08 apply to Architect. Architect does not have a duty to
<br />provide access to public data to the public if the public data are available from the Owner, except as required by the terms of this
<br />contract.
<br />
<br />§ 10.12 Non-Discrimination
<br />Pursuant to Minnesota Statutes, Section 181.59, the Architect will take affirmative action to ensure that applicants are selected,
<br />and that employees are treated during employment, without regard to their race, color, creed, religion, national origin, sex,
<br />sexual orientation, marital status, status with regard to public assistance, membership or activity in a local civil rights
<br />commission, disability or age. The Architect agrees to be bound by the provisions of Minnesota Statutes, Section 181.59, that
<br />prohibits certain discriminatory practices and the terms of said section are incorporated into this contract.
<br />
<br />§ 10.13 Prompt Payment of Local Government Bills, Minn. Stat. § 471.425
<br />AIA Document B133 Î 2019. Copyright ¨ 2014, and 2019. All rights reserved. ÐThe American Institute of Architects,Ñ ÐAmerican Institute of Architects,Ñ ÐAIA,Ñ the
<br />
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