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<br />Grant Agreement Number HI2-I I G00021605 Between the Minneso£a Department of Health and Ramsey Police Department.
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<br />The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS.
<br />GRANTEE shall, upon request of the STATE. execute all papers and perform all other acts necessary to
<br />assist the STATE to obtain and register copy~'ights, patents or other forms of protection provided by law
<br />for the MATERIALS. The MATERIALS created under this grant agreement by the GRANTEE, its
<br />employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as
<br />defined by the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or
<br />other form, shall be remitted to the STATE by the GRANTEE, its employees and any subgrantees, shall
<br />not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose
<br />other than performance of the GRANTEE'S obligations under this grant agreement without the prior
<br />written consent of the STATE'S Authorized Representative.
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<br />GRANTEE represents.and wan'ants that MATERIALS produced or used under this grant agreement do not: .....
<br />and will not infringe upon any intellectual property rights of another, including but not limited to patents,
<br />copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and
<br />defend the STATE; at GRANTEE'S_expense, from any action or claim brought against the STATE to the
<br />~xtent that it is based on'a claim that att or.part of the MATERIALS' infringe upon the i,~tellectual-property ...... ..~: ....
<br />rights of another..GRANTEE shall be responsible for payment of any and all such claims, demands,
<br />obligations, liabilities; costs, and damages including, but not limited to, reasonable attorney fees-arising
<br />out of this grant agreement., amendments and supplements thereto, which are attributable to such claims or
<br />actions. If such a claim or action arises, or in GRANTEE'S or the STATE'S opinion is likely to arise,. -. .
<br />GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue
<br />using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy -
<br />shall be in addition to and shall not be exclusive to other remedies provided by law. .:
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<br />Prior to the terminatioh date specified in Paragraph IV of this Grant Agreement. the STATE's Authorized
<br />Representative shall provide written consent that specifies the uses the GRANTEE may make of the
<br />MATERIALS after the termination date.
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<br />XIV.
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<br />PUBLICITY Any publicity given to the program, publications, or services provided resulting from this grant
<br />agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs,
<br />and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others, or
<br />any subgrantees shall identify the STATE as the sponsoring agency and shall not be released, unless such release is
<br />a specific part of an approved work plan included in this grant agreement prior to its approval by the STATE'S
<br />Authorized Representative.
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<br />XV.
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<br />WORKERS' COMPENSATION The GRANTEE certifies that it is in compliance with Minn. Stat. § 176.[81,'
<br />subd. 2, pertaining to workers' compensation insurance coverage. The GRANTEE's employees and agents will not
<br />be considered STATE employees. Any claims that may arise under the Minnesota Workers' Compensation Act on
<br />behalf of these employees and any claims made by any third party as a consequence of any act or omission on the
<br />part of these employees are in no way the STATE's obligation or responsibility.
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<br />XVI.
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<br />ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods
<br />and / or services provided in connection with this agreement resulting from antitrust violations which arise under the
<br />antitrust laws of the United States and the antitrust laws of the State of Minnesota.
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<br />XVII.
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<br />JURISDICTION AND VENUE This grant agreement, and amendments and supplements thereto, shall be governed
<br />by the laws of the State of Minnesota. Venue for all legal' proceedings arising out of this grant agreement, or breach
<br />thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota.
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<br />XVIII. OTHER PROVISIONS: GRANTEE agrees to provide the STATE with progress reports in the format prescribed
<br /> by the STATE, which are due on May 15, 2001, and August 15, 2001.
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