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<br />5 <br /> <br />8.3 Waiver. If the Council fails to enforce any provision of this Grant Agreement, that failure does <br />not waive the provision or its right to enforce it. <br />8.4 Grant Agreement Complete. This Grant Agreement contains all negotiations and agreements <br />between the Council and the Grantee. No other understanding regarding this Grant Agreement, whether <br />written or oral, may be used to bind either party. <br />9. Liability and Insurance. <br />9.1 Liability. The Grantee and the Council agree that they will be responsible for their own acts and <br />the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the <br />other party and the results thereof. The liability of the Council is governed by the Minn. Stat. Chapter 466 <br />and other applicable laws. The liability of the Grantee is governed by the provisions contained in <br />Chapter 466 and other applicable laws. <br />9.2 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be <br />construed in any manner as creating or establishing the relationship of co-partners or a joint venture <br />between the Grantee and the Council, nor shall the Grantee be considered or deemed to be an agent, <br />representative, or employee of the Council in the performance of this Grant Agreement, or the Grantee <br />Program. <br />The Grantee represents that it has already or will secure or cause to be secured all personnel required for <br />the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or other <br />persons while engaging in the performance of this Grant Agreement the Grantee Program shall not have <br />any contractual relationship with the Council related to the work of the Grantee Program and shall not be <br />considered employees of the Council. In addition, all claims that may arise on behalf of said personnel or <br />other persons out of employment or alleged employment including, but not limited to, claims under the <br />Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its <br />officers, agents, contractors, or employees shall in no way be the responsibility of the Council. Such <br />personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any <br />kind whatsoever from the Council, including but not limited to, tenure rights, medical and hospital care, <br />sick and vacation leave, disability benefits, severance pay and retirement benefits. <br />10. Audits. <br />Under Minn. Stat. § 16C.05, subd. 5, the Grantee’s books, records, documents, and accounting procedures <br />and practices relevant to this Grant Agreement are subject to examination by the Council and/or the State <br />Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of <br />this Grant Agreement. <br />11. Government Data Practices. <br />The Grantee and Council must comply with the Minnesota Government Data Practices Act, Minn. Stat. <br />Chapter 13, as it applies to all data provided by the Council under this grant contract, and as it applies to <br />all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this <br />Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in <br />this clause by either the Grantee or the Council. If the Grantee receives a request to release the data <br />referred to in this Clause, the Grantee must immediately notify the Council. <br />12. Workers’ Compensation.