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MnDOT Contract Number: 1050325 <br /> the Other Party and the State will be entitled to payment,determined on a pro rata basis,for services <br /> satisfactorily performed. <br /> 21.3. Termination for Insufficient Funding.The State may immediately terminate or suspend this MPC and any <br /> work order contract if it does not obtain funding from the Minnesota legislature or other funding source;or <br /> if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. <br /> Termination or suspension must be by written or fax notice to the Other Party.The State is not obligated to <br /> pay for any services that are provided after notice and effective date of termination or suspension. <br /> However,the Other Party will be entitled to payment,determined on a pro rata basis,for services <br /> satisfactorily performed to the extent that funds are available.The State will not be assessed any penalty if <br /> the master contract or work order is terminated because of the decision of the Minnesota legislature or <br /> other funding source, not to appropriate funds.The State must provide the Other Party notice of the lack of <br /> funding within a reasonable time of the State's receiving that notice. <br /> 22. Data Disclosure <br /> 22.1. Under Minn.Stat.§270C.65,subd.3,and other applicable law,the Other Party consents to disclosure of its <br /> federal employer tax identification number,and/or Minnesota tax identification number,already provided <br /> to the State,to federal and state tax agencies and state personnel involved in the payment of state <br /> obligations.These identification numbers may be used in the enforcement of federal and state tax laws <br /> which could result in action requiring the Other Party to file state tax returns and pay delinquent state tax <br /> liabilities,if any. <br /> 23. Defense of Claims and Lawsuits <br /> 23.1. If any lawsuit or claim is filed by a third party(including but not limited to the Other Party's contractors and <br /> subcontractors),arising out of trunk highway work performed pursuant to a valid work order issued under <br /> this MPC,the Other Party will,at the discretion of and upon the request of the State,tender the defense of <br /> such claims to the State or allow the State to participate in the defense of such claims.The Other Party will, <br /> however, be solely responsible for defending any lawsuit or claim,or any portion thereof,when the claim or <br /> cause of action asserted is based on its own acts or omissions in performing or supervising the work.The <br /> Other Party will not purport to represent the State in any litigation,settlement,or alternative dispute <br /> resolution process.The State will not be responsible for any judgment entered against the Other Party,and <br /> will not be bound by the terms of any settlement entered into by the Other Party except with the written <br /> approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. <br /> 24. Additional Provisions <br /> 24.1. NONE <br /> [THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK] <br /> 11 <br />