Agenda - Council - 09/10/2013 - Laserfiche WebLink

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Mn/DOT Contract No: 04421 6. Assignment; Amendments; Waiver; Contract Complete 6.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 6.2. Amendments. Any amendinent to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 6.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the parry's right to subsequently enforce it. 6,4. Contract Complete, This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 7. Liability; Worker Compensation Claims 7.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions olothers and the results thereof. Minnesota Statutes 3.736 and other applicable law govern liability of the State. Minnesota Statures Chapter 466 and other applicable law govern liability of the City. 7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 8. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part or this Agreement. 9. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 10. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statures Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used. maintained, or disseminated by (he City under this Agreement. The civil remedies of Minnesota Statutes § 13,08 apply to the release ()Rite data referred to in this clause by either the City or the State. 11. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue For all legal proceedings arising out of this Agreement. or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. Termination; Suspension 12.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties, 12.2. Termination Pr fnsrr,J,jicient Funding. The State may immediately terminate this Agreement if it does not obtain funding, from the Minnesota Legislature, or other funding source; or i f funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax neticc to the City. -3-