06.01 - NJPA Planning & Zoning Service Agreement

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NJPA arising from such reuse and agrees to defend and indemnify NJPA from any claims arising from such reuse. 6.9 Assignment. This Agreement may not be assigned by either Party without the written consent of the other Party. 6.10 Modifications/Amendments. Any alterations,variations,modifications, amendments or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by authorized representative of City and NJPA. 6.11 Records-Availability and Retention. Pursuant to Minn. Stat. § 16C.05, subd. 5,NJPA agrees that City,the State Auditor,or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,and transcribe any books, documents,papers,records,etc.,which are pertinent to the accounting practices and procedures of NJPA and involve transactions relating to this Agreement. NJPA agrees to maintain these records for a period of six years from the date of termination of this Agreement. 6.12 Force Majeure. The Parties shall each be excused from performance under this Agreement while and to the extent that either of them are unable to perform,for any cause beyond its reasonable control. Such causes shall include,but not be restricted to fire, storm, flood, earthquake,explosion,war,total or partial failure of transportation or delivery facilities,raw materials or supplies, interruption of utilities or power,and any act of government or military authority. In the event either Party is rendered unable wholly or in part by force majeure to carry out its obligations under this Agreement then the Party affected by force majeure shall give written notice with explanation to the other Party immediately. 6.13 Compliance with Laws. NJPA shall abide by all Federal, State and local laws, statutes, ordinances,rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities,programs and staff for which NJPA is responsible. 6.14 Governing Law. This Agreement shall be deemed to have been made and accepted in Crow Wing County, Minnesota, and the laws of the State of Minnesota shall govern any interpretations or constructions of the Agreement without regard to its choice of law or conflict of laws principles. 6.15 Data Practices. The Parties acknowledge that this Agreement is subject to the requirements of Minnesota's Government Data Practices Act, Minnesota Statutes, Section 13.01 et seq. 5 P&Z Agreement(02/2015)