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MnDOT Contract Number: 1050325 <br /> regulations.The Providing Party will not receive payment for work found by the Requesting Party to be <br /> unsatisfactory or performed in violation of federal or state law. <br /> 9. State's Authorized Representative and Project Manager <br /> 9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer,who has the <br /> responsibility to monitor the State's performance. <br /> 9.2. The State's Project Manager will be identified in each work order contract. <br /> 10. Other Party's Authorized Representative and Project Manager <br /> 10.1. The Other Party's Authorized Representative for administering this master contract is the Other Party's <br /> Engineer,and the Engineer has the responsibility to monitor the Other Party's performance.The Other <br /> Party's Authorized Representative is also authorized to execute work order contracts on behalf of the Other <br /> Party without approval of each proposed work order contract by its governing body. <br /> 10.2. The Other Party's Project Manager will be identified in each work order contract. <br /> 11. Assignment,Amendments,Waiver,and Contract Complete <br /> 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order <br /> contract without the prior consent of the other and a fully executed Assignment Contract,executed and <br /> approved by the same parties who executed and approved this MPC,or their successors in office. <br /> 11.2. Amendments.Any amendment to this master contract or any work order contract must be in writing and <br /> will not be effective until it has been executed and approved by the same parties who executed and <br /> approved the original contract,or their successors in office. <br /> 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract,that <br /> failure does not waive the provision or the party's right to subsequently enforce it. <br /> 11.4. Contract Complete.This master contract and any work order contract contain all negotiations and contracts <br /> between the State and the Other Party. No other understanding regarding this master contract or any work <br /> order contract issued hereunder,whether written or oral may be used to bind either party. <br /> 12. Liability <br /> 12.1. Each party will be responsible for its own acts and omissions to the extent provided by law.The Other <br /> Party's liability is governed by Minn.Stat.chapter 466 and other applicable law.The State's liability is <br /> governed by Minn.Stat.section 3.736 and other applicable law.This clause will not be construed to bar any <br /> legal remedies a party may have for the other party's failure to fulfill its obligations under this master <br /> contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of <br /> the other party.A Providing Party under any work order is acting only as a "Contractor"to the Requesting <br /> Party,as the term "Contractor" is defined in Minn.Stat.§115B.03(subd. 10),and is entitled to the <br /> protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act.The <br /> parties specifically intend that Minn.Stat.§471.59 subd. la will apply to any work undertaken under this <br /> MPC and any work order issued hereunder. <br /> 13. State Audits <br /> 13.1. Under Minn.Stat.§ 16C.05,subd.5,the party's books, records,documents,and accounting procedures and <br /> practices relevant to any work order contract are subject to examination by the parties and by the State <br /> Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this MPC. <br /> 14. Government Data Practices and Intellectual Property <br /> 14.1. Government Data Practices.The Other Party 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 MPC and any work <br /> order contract,and as it applies to all data created, collected, received,stored, used,maintained,or <br /> disseminated by the Other Party under this MPC and any work order contract.The civil remedies of Minn. <br /> Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State. <br /> 14.2. Intellectual Property Rights <br /> 7 <br />