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2017.08.22 CC Agenda C
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2017.08.22 CC Agenda C
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9 <br />MPD or Provider and pertain to work performed under this Agreement. <br /> <br />8.2 Subject to applicable law, including but not limited to the Minnesota Official <br />Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable <br />Work Product, Supporting Documentation and Business Records or copies <br />thereof, that are needed from or result from the Provider's Services under this <br />Agreement shall be delivered to the City either pursuant to this Agreement or <br />upon reasonable request of the City and shall become the property of the City <br />after delivery. <br /> <br />8.3 The City and the Provider each agrees not to release, transmit, disclose or <br />otherwise disseminate information associated with or generated as a result of the <br />work performed (i.e. Work Product, Supporting Documentation and Business <br />Records) under this Agreement without notice to the other. Except as otherwise <br />required by and subject to federal and/or state law, neither the City nor the <br />Provider shall release, transmit, disclose or disseminate any Work Product, <br />Supporting Documentation and Business Records which shall be classified as <br />“security information”, “security service” or “security service data”, defined <br />under Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined <br />and/or required in all federal, state, and local laws or ordinances, and all <br />applicable rules, regulations, and standards. <br /> <br />8.4 In the event of termination, all Work Product, Supporting <br />Documentation and Business Records prepared by the Provider under this <br />Agreement shall be delivered to the City by the Provider by the termination date. <br /> <br />8.5 Both the City and the Provider agree to maintain all Business Records in such a <br />manner as will readily conform to the terms of this Agreement and to make such <br />materials available at its office at all reasonable times during this Agreement <br />period and for six (6) years from the date of the final payment under the contract <br />for audit or inspection by the City, the Provider, the Auditor of the State of <br />Minnesota, or other duly authorized representative. <br /> <br />8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in <br />particular, Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b), <br />138.17, and 15.17. All of the data created, collected, received, stored, used, <br />maintained, or disseminated by the Provider or the City in performing functions <br />under this Agreement is subject to the requirements of the MGDPA and both the <br />City and the Provider must comply with those requirements. If any provision of <br />this Agreement is in conflict with the MGDPA or other Minnesota state laws, <br />state law shall control. <br /> <br /> <br />9. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF <br />IMMUNITIES
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