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<br />5 Conditions of Payment
<br />The project described by the Grantee under this grant contract must be implemented as submitted to the State's
<br />satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with
<br />all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive
<br />payment for project grant until State has received a Certification of Completion Form and verified compliance with
<br />all requirements for the project. The Grantee will not receive payment for work found by the State to be
<br />unsatisfactory or performed in violation of federal, state, or local law.
<br />6 Authorized Representative
<br />The State's Authorized Representative is James Collins, MNOSHA Management Team, or hislher successor, and
<br />has the responsibility to monitor the Grantee's performance and the authority to accept the project implementation
<br />provided under this grant contract. lfthe project performance is satisfactory, the State's Authorized Representative
<br />will certify acceptance on the Certificate of Completion Form submitted by Grantee.
<br />The Grantee's Authorized Representative is Dan Olson. lfthe Grantee's Authorized Representative changes at
<br />any time during this grant contract, the Grantee must immediately notify the State.
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<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 />7.2 Amendments. 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 />7.4 Grant 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.
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<br />8 Liability
<br />The Grantee must indemnity, 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 from 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.
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<br />9 State Audits
<br />Under Minn. Stat. S l6C.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. Grantee agrees
<br />to an on-site safety and health consultation by State after the project is complete.
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<br />10 Government Data Practices
<br />Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices
<br />Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and with both it and
<br />with Minnesota Rules part 5203.0050, subp 1, as they apply to all data created, collected, received, stored, used,
<br />maintained, or disseminated by the Grantee under this grant contract. The civil remedies ofMinn_ Stat. ~ 13.08
<br />apply to the release of the data referred to in this clause by either the Grantee or the State.
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<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.
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<br />11 Workers' Compensation
<br />The Grantee certifies that it is in compliance with Minn. Stat. 9 176.181, subd. 2, pertaining to workers'
<br />compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
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<br />Grant (Rev. 12/00)
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