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7.3 Waiver. If the State fails to enforce any provision of this grant contract,that failure does not waive the
<br /> provision or its right to enforce it.
<br /> 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
<br /> the Grantee. No other understanding regarding this grant contract,whether written or oral,may be used to
<br /> bind either parry.
<br /> 8 Liability
<br /> The Grantee must indemnify,save, and hold the State,its agents,and employees harmless from any claims or
<br /> causes of action,including attorney's fees incurred by the State,arising from the performance of this grant contract
<br /> by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies
<br /> the Grantee may have for the State's failure to fulfill its obligations under this grant contract.
<br /> 9 State Audits
<br /> Under Minn-Stat. ' 16C.05, subd. 5,the Grantee's books,records,documents, and accounting procedures and
<br /> practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or
<br /> Legislative Auditor,as appropriate, for a minimum of six years from the end of this grant contract.
<br /> 10 Government Data Practices and Intellectual Property
<br /> 10.1. Government Data Practices. The Grantee 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 grant contract, and
<br /> as it applies to all data created, collected,received, stored,used,maintained,or disseminated by the Grantee
<br /> under this grant contract.The civil remedies of Minn. Stat. ' 13.08 apply to the release of the data referred to
<br /> in this clause by either the Grantee or the State.
<br /> If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately
<br /> notify the State. The State will give the Grantee instructions concerning the release of the data to the
<br /> requesting party before the data is released.
<br /> 10.2. Intellectual Property Rights
<br /> Not applicable
<br /> 12 Workers, Compensation
<br /> The Grantee certifies that it is in compliance with Minn. Stat. ' 176.181, subd. 2,pertaining to workers'
<br /> compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
<br /> Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any
<br /> claims made by any third party as a consequence of any act or omission on the part of these employees are in no
<br /> way the State's obligation or responsibility.
<br /> 13 Publicity and Endorsement
<br /> 13.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the
<br /> sponsoring agency and must not be released without prior written approval from the State's Authorized
<br /> Representative. For purposes of this provision,publicity includes notices,informational pamphlets,press
<br /> releases,research,reports, signs, and similar public notices prepared by or for the Grantee individually or
<br /> jointly with others, or any subcontractors,with respect to the program,publications, or services provided
<br /> resulting from this grant contract.
<br /> 13.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
<br /> 14 Governing Law,Jurisdiction,and Venue
<br /> Minnesota law,without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal
<br /> proceedings out of this grant contract,or its breach,must be in the appropriate state or federal court with competent
<br /> jurisdiction in Ramsey County,Minnesota.
<br /> Grant (Rev.03/04)
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