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MnDOT Contract No: 1001092 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 City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13,as it applies to all data provided by State under this Agreement,and as it applies to all data created,collected, received,stored, used,maintained or disseminated by the City under this Agreement.The civil remedies of Minnesota Statutes §-13.08 apply to the release of the data referred to in this clause by either the City or 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. 11 Termination; Suspension 11.1 Termination. This Agreement may be terminated by mutual agreement of the parties. 11.2 Termination for Insufficient Funding. Notwithstanding Article 11.1, State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature,or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the City will be entitled to payment,determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature,or other funding source,not to appropriate funds. State must provide the City notice of the lack of funding within a reasonable time of State's receiving that notice. `• 11.3 Suspension. State may immediately suspend this Agreement in the event of a total or partial government shutdown due to failure to have an approved budget by the legal deadline. Work performed by the City during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK -6- Joint Powers Agreement for Non Professional/Technical Services(CM 06/19/2012)