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DPS Contract No. DPS-M-0858 5.3 Waiver. If the State fails to enforce any provision of this agreement,that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act,Minn. Stat. § 3.736 and other applicable laws govern the State's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. § 466.02, governs the Agency's liability. 7 State Audits Under Minn. Stat. § 16C.05, subd. 5,the Governmental Unit's books,records,documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the end of this agreement. • 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13 and Minn. Stat. § 299C.41 as it applies to all data transmitted through eCharging under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination The State or the Governmental Unit may terminate this agreement at any time,with or without cause, upon 30 days' written notice to the other party. I. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn.Stat.§§16A.15 and 16C.05. By: (with delegated authority) Signed: Title: Date: Date: DPS Contract No. 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division 2. GOVERNMENTAL UNIT By: By: e Sr _ _ Date: Title: Date: By: Title: Date: Joint Powers Agreement(Rev.6/03) 2