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b. Information which becomes part of the public domain after disclosure through no fault of Barr; c. Information known by Barr prior to the date of this Agreement; and d. Information supplied to Barr by a third party. e. The release of data as required by the Minnesota Government Data Practices Act. 10.2 Barr shall be entitled to disclose the Documents or City information to governmental authorities to the extent Barr reasonably believes it has a legal obligation to make such disclosures, and to the extent Barr reasonably deems to be necessary. If Barr believes that any such disclosure is required by law, it shall provide advance notice to City to provide City with a reasonable opportunity to attempt to obtain an injunction or other protective order preventing such disclosure. Barr shall be compensated for all reasonable expenses, including attorney fees, expended in responding to legal process. Section 11: Force Majeure Neither Party shall be liable for delays due to fire, labor disputes, unusual delays in transportation, flood or other adverse weather conditions not reasonably foreseeable, unavoidable casualties, or any other causes beyond its reasonable control. Section 12: Nondiscrimination Barr and its subcontractors shall abide by the requirements of 41 CFR 60-1.4(a) and (b), as applicable, 60-250.5, 60-300.5(a), 60-741.5(a), and Executive Order 11246, as amended, which are incorporated herein by reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, gender identity, sexual orientation, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. Barr will not discriminate against applicants for employment and employees based on any of these factors, in addition to age, familial status, membership or activity in a local human rights commission, genetic information, or status with regard to public assistance. Section 13: Notices All notices, requests, demands, and other communications that are permitted or required by this Agreement shall be given to the party's Representative appointed in accordance with this Agreement. P:\Mpls\23 MN\62\23621176 New Brighton DX Response\23621176.00 Initial Res ponse\ProjRiskMgmt\Contracts\New Brig hton_DXResponse_MasterServicesAgmt_FinalAocx Page 8