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I3. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the RCD's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. Or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The RCD agrees to abide by these statutes, rules and regulations and as they may be amended. I. AUDITS, REPORTS, AND MONITORING PROCEDURES The RCD will: 1. Maintain records that reflect all revenues, cost incurred and services provided (including dates, per Appendix A), in the performance of the Agreement. 2. Provide the above referenced records for GLWMO Board when submitting quarterly invoice, and an updated final copy at the end of the performance period in December 2011. 3. Provide progress report presentations to the GLWMO Board in the months of July and December 4. Agree that the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the RCD which are relevant to the contract. J. INDEMNITY Each party shall indemnify, defend and hold harmless the other party, its officers, employees and agents, from any and all actions, costs, damages and liabilities of any nature to the degree they are the result of any action or inaction by the first party that is the basis for that party's liability in law or equity. K. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting the RCD as the agent, representative, or employee of GLWMO for any purpose or in any manner whatsoever. The RCD is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The RCD represents that it has, or will secure at its own expense, all qualified personnel required in performing services under this Agreement. Any and all personnel of the RCD or other person, while engaged in the performance of any work or services required by the RCD under this Agreement, shall have no contractual relationship with the GLWMO and shall not be considered employees of the GLWMO. Qualifications of persons performing services under this agreement will be publicly available, upon request, during the performance period of this contract. Page 2