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A. The Governmental Unit will provide all necessary training to their employees concerning the use <br />of the equipment and services listed in Clause I, Section A., of this Agreement, and shall not <br />permit the equipment and services provided to be tampered with or operated by individuals who <br />are not properly trained. <br />B. The Governmental Unit assumes total responsibility for the proper handling, use, and <br />maintenance of the equipment and services listed in this Agreement, and will bear all costs of <br />installation, maintenance, and/or replacement related to equipment/service. <br />C. The GOVERNMENTAL UNIT will keep and maintain the equipment and services provided by the <br />STATE in proper operating condition in accordance with the manufacturer's recommendations <br />and warranty. The GOVERNMENTAL UNIT will also be responsible for any and all costs of <br />repairing or replacing this equipment and services that are lost or damaged due to misuse or <br />abuse as long as the GOVERNMENTAL UNIT is connected to the STATE's system. <br />It is the GOVERNMENTAL UNIT's responsibility for ensuring that all replacement of <br />equipmentlservices maintain the operation of the criminal justice data communications network <br />and do not compromise any of the network security. <br />D. The GOVERNMENTAL UNIT will provide and maintain all disposable and consumable <br />components originally provided by the STATE, and shall supply all other necessary disposable <br />and consumable components not provided by the STATE at the GOVERNMENTAL UNIT'S <br />expense. <br />E. The GOVERNMENTAL UNIT will also properly dispose of this equipmentlservice when it is no <br />longer operational or needed on the criminal justice data communications network. <br />III. TERMS OF AGREEMENT <br />This Agreement shall be effective on 03126101 , or upon the date that the final required <br />signature is obtained by the STATE, pursuant to Minn. Stat. 16C.05, Subdivision. 2, whichever occurs later, <br />and shall remain in effect until 03125106 4 or until all obligations set forth in this Agreement have <br />been satisfactorily fulfilled or the Agreement has been canceled, whichever happens first. <br />IV. TERMINATION <br />This Agreement may be terminated by either the STATE or GOVERNMENTAL UNIT at any time, with or <br />without cause, upon ten (10) days written notice to the other party. <br />If this Agreement is terminated by either party within the first 2 years of this Agreementthe GOVERNMENTAL <br />UNIT may be required by the STATE to return the equipment (or its equivalent) in operating condition. This <br />equipment must be returned to the STATE within 30 days of the termination date, and if the GOVERNMENT <br />UNIT fails to return the equipment within this time period the GOVERNMENTAL UNIT agrees to pay the <br />STATE the cost of replacing the equipment and payment shall be made to the STATE within 30 days of <br />receipt of invoice. <br />If this Agreement is terminated by either party after the first 2 years of this Agreement the equipment belongs <br />to the GOVERNMENTAL UNIT. <br />V. STATE'S AUTHORIZED AGENT <br />The STATE's authorized agent for the purposes of this Agreement is Robert P. Johnson, or his designee, <br />Deaartment of Public Safetv. Office of Technical Support Services, 444 Minnesota Street. Suite 140. Town <br />Sauare. St. Paul, MN 55101-5140. Such agent shall have final authority for acceptance of the <br />GOVERNMENTAL UNIT'S services. <br />VI. ASSIGNMENT <br />GOVERNMENTAL UNIT shall neither assign nor transfer any rights or obligations under this Agreement <br />Page 2 of 3 <br />