|
<br />"
<br />
<br />7 Assignment, Amendments, Waiver, and Grant Contract Complete
<br />7. 1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
<br />without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
<br />the same parties who executed and approved this grant contract, or their successors in office.
<br />7.2Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has
<br />been executed and approved by the same parties who executed and approved the original grant contract, or
<br />their successors in office.
<br />7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
<br />provision or its right to enforce it.
<br />7.4Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
<br />the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to
<br />bind either party.
<br />
<br />8 Liability
<br />The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
<br />causes of action, including attorney's fees incurred by the State, arising trom the performance of this grant contract
<br />by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies
<br />the Grantee may have for the State's failure to fulfill its obligations under this grant contract.
<br />
<br />9 State Audits
<br />Under Minn. Stat. ~ 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
<br />practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or
<br />Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
<br />
<br />10 Government Data Practices
<br />The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it
<br />applies to all data provided by the State under this grant contract, and as it applies to all data created, collected,
<br />received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of
<br />Minn. Stat. S 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State.
<br />
<br />If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notifY
<br />the State. The State will give the Grantee instructions concerning the release of the data to the requesting party
<br />before the data is released.
<br />
<br />11 Workers' Compensation
<br />The Grantee certifies that it is in compliance with Minn. Stat. ~ 176.181, subd. 2, pertaining to workers'
<br />compensation insurance coverage. The 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 any
<br />claims made by any third party as a consequence of any act or omission on the part of these employees are in no
<br />way the State's obligation or responsibility.
<br />
<br />12 Publicity and Endorsement
<br />12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identifY the State as the
<br />sponsoring agency and must not be released without prior written approval from the State's Authorized
<br />Representative. For purposes ofthis provision, publicity includes notices, informational pamphlets, press
<br />releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
<br />jointly with others, or any subcontractors, with respect to the program, publications, or services provided
<br />resulting from this grant contract.
<br />12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
<br />
<br />13 Governing Law, Jurisdiction, and Venue
<br />Minnesota law, without regard to its choice-of-Iaw provisions, governs this grant contract. Venue for all legal
<br />
<br />LLEBG (11/04)
<br />Local Law Enforcement Block Grant 05
<br />OIP Grant Number 200S-LLEBG-00338
<br />
<br />4
<br />
|