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08-15-05
10.0.0.9
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08-15-05
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8/26/2005 12:46:30 PM
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<br />,. <br /> <br /> <br />,. <br /> <br />9. Assignment The Contractor shall neither assign nor transfer any rights or obligations under this contract without <br />the prior written consent of the State. <br /> <br />10. Liability. The Contractor and the State agree that each party will be responsible for its own acts and the results <br />thereof to the extent au~ b;r:"~ and shall not be responsible for the acts of any others and the results thereof. <br />The Contractor's and State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, <br />Minnesota Statutes, Section 3.376, and other applicable law. <br /> <br />11. State Audits. Under Minn. Stat. ~ 16C.05, subd. 5, the Contractor's books, records, documents, and <br />accounting prOCedures and practices relevant to this contract are subject to examination by the State and/or the <br />State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this contract. <br /> <br />12 Government Data Practices. The Contractor and State must comply with the Minnesota Government Data <br />Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract, and as it <br />applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contractor under <br />this contract. The civil remedies of Minn. Stat. ~ 13.08 apply to the release of the data referred to in this clause by <br />either the Contractor or the State. <br /> <br />If the Contractor receives a request to release the data referred to in this clause, the Contractor must immediately <br />notify the State. The State will give the Contractor instructions conCerning the release of the data to the <br />. requesting party before the data is released. <br /> <br />13. Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or <br />federal court with competent jurisdiction in Ramsey County, Minnesota. <br /> <br />IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound thereby. <br /> <br />APPROVED: <br />CONTRACTOR: <br />(Contractor certifies that the appropriate person(s) <br />have executed the contract on behalf of the <br />Contractor as required by applicable articles, <br />bylaws, resolutions, or ordinances) <br /> <br />COMMISSIONER OF ADMINISTRATION: <br />(with delegated authority) <br /> <br />BY: <br /> <br />DATE: <br /> <br />BY: <br /> <br />NO ENCUMBRANCE: <br />(authorized signature) <br /> <br />TITLE: <br /> <br />BY: <br /> <br />DATE: <br /> <br />DATE: <br /> <br />BY: <br /> <br />TITLE: <br /> <br />DATE: <br /> <br />STATE AGENCY OR DEPARTMENT: <br />(with delegated authority) <br /> <br />BY: <br /> <br />TITLE: <br /> <br />DATE: <br />
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