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DRAFT <br />11-7-24 <br />8.5 <br />8.6 <br />8.7 <br />8.8 <br />8.9 <br />Each party to the mediation shall be responsible for the cost of the mediator it selected <br />and shall share equally in the costs of the mediation and of the third mediator. <br />Data Practices. The Commission shall comply with the requirements of Minnesota <br />Statutes, chapter 13, the Minnesota Government Data Practices Act ("Act"). Any entity <br />with which the Commission contracts is required to comply with the Act as provided in <br />Minnesota Statutes, section 13.05. The contractor shall be required to notify the Board if <br />it receives a data request and to work with the Commission to respond to it. <br />Amendments. The Board may recommend changes and amendments to this Agreement <br />to the governing bodies of the Members. No amendment is effective unless it is adopted <br />by all governing bodies of the Members. Adopted amendments shall be evidenced by <br />appropriate resolutions or certified copies of meeting minutes of the governing bodies of <br />each party filed with the Board and shall, if no effective date is contained in the <br />amendment, become effective as of the date all such filings have been completed. <br />Waiver. The delay or failure of any party of this Agreement at any time to require <br />performance or compliance by any other party of any of its obligations under this <br />Agreement shall in no way be deemed a waiver of those rights to require such <br />performance or compliance. <br />Headings and Captions. The headings and captions of these paragraphs and sections of <br />this Agreement are included for convenience or reference only and shall not constitute a <br />part hereof. <br />Entire Agreement. This Agreement, including the recitals and the official boundary map <br />(which are incorporated in and made part of this Agreement), contains the entire <br />understanding among the Members concerning the subject matter hereof. This <br />Agreement supersedes and replaces the prior joint powers agreement among the <br />Members regarding the Commission and such prior agreement is hereby terminated. Any <br />outstanding obligations of the Members under the prior agreement are not affected by the <br />termination and shall be continued under this Agreement. <br />8.10 Examination of Books. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, <br />the books, records, documents, and accounting procedures and practices of the Board are <br />subject to examination by the State. <br />8.11 <br />8.12 <br />Governing Law. The respective rights, obligations, and remedies of the Members under <br />this Agreement and the interpretation thereof shall be governed by the laws of the State <br />of Minnesota which pertain to agreements made and to be performed in the State of <br />Minnesota. <br />Counterparts. This Agreement shall be executed in several counterparts and all so <br />executed shall constitute one Agreement, binding on all of the Members hereto. Each <br />party to the agreement shall receive a fully executed copy of the entire document <br />following adoption by all Members. <br />22 <br />