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this Agreement by Grantee or Grantee's agents or employees. Grantee agrees to hold State harmless and to
<br />pay any fines or penalties, should the expenditures of Grantee be found to be improper in an audit of any kind.
<br />Audits and Reports
<br />Under Minnesota Statutes, § 16C.05, subd. 5, and 1613.98, subd. 8, Grantee's books, records, documents, and
<br />accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or
<br />the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the expenditure of
<br />all funds provided under this Agreement, receipt and approval of all final reports, or the required period of
<br />time to satisfy all state and program retention requirements, whichever is later. In addition, Grantee must
<br />report expenditures made during the term of this Agreement upon request of the State, and must make the
<br />reports described in this agreement stating expenditures during the current or most recently ended periods as
<br />directed by State.
<br />10 Government Data Practices
<br />Grantee and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Ch.
<br />13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created,
<br />collected, received, stored, used, maintained, or disseminated by Grantee under this Agreement. The civil
<br />remedies of Minnesota Statutes, § 13.08 apply to the release of the data referred to in this clause by either
<br />Grantee or State.
<br />11 Workers' Compensation
<br />Grantee certifies that it is in compliance with Minnesota Statutes, § 176.181, subd. 2, pertaining to workers'
<br />compensation insurance coverage. Grantee's employees and agents will not be considered State employees.
<br />Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and
<br />any claims made by any third party as a consequence of any act or omission on the part of these employees
<br />are in no way the State's obligation or responsibility.
<br />12 Property and Casualty Insurance
<br />Grantee is required to maintain a property and casualty insurance policy covering "All Risk" (or equivalent)
<br />of direct physical loss or damage, including, but not limited to, the perils of transit (if applicable), theft, and
<br />flood for devices or systems acquired using funds provided under the Agreement. The insurance limit shall be
<br />equal to the replacement cost of any equipment purchased with funds from this Agreement. Any deductible
<br />shall be the sole responsibility of Grantee.
<br />13 Governing Law, Jurisdiction, and Venue
<br />Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal
<br />proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with
<br />competent jurisdiction in Ramsey County, Minnesota.
<br />14 Data Disclosure
<br />Under Minnesota Statutes, § 270.66, and other applicable law, Grantee consents to disclosure of its social
<br />security number, federal employer tax identification number, and/or Minnesota tax identification number,
<br />already provided to the State, to federal and state tax agencies and state personnel involved in the payment of
<br />state obligations. These identification numbers may be used in the enforcement of federal and state tax laws
<br />which could result in action requiring Grantee to file state tax returns and pay delinquent state tax liabilities, if
<br />any, or pay other state liabilities.
<br />15 Termination.
<br />State may immediately terminate this Agreement with or without cause, upon 30 days' written notice to
<br />Grantee. Grantee may terminate this agreement upon 30 days written notice to State. Reporting requirements
<br />will continue as necessary to complete reporting for the reimbursements requested or paid prior to the
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