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3.3. SR 01-18-2011
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3.3. SR 01-18-2011
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d. Mi~anes®ta Data Practices Act Applicability. If Subscriber is a <br />Minnesota Government entity that is subject to the Minnesota Government Data Practices <br />Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not <br />subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public <br />Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. <br />section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public <br />Access and other rules promulgated by the Minnesota Supreme Court for access to Court <br />Records provided via the BCA systems and tools under this Amendment; (3) the use of <br />and access to Court Records may be restricted by rules promulgated by the Minnesota <br />Supreme Court, applicable state statute or federal law; and (4) these applicable <br />restrictions must be followed in the appropriate circumstances. <br />13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, <br />division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set <br />forth in applicable Policies & Notices, together with applicable sales, use or other taxes. <br />Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant <br />to section 3 of this Amendment or upon the initial Subscriber transaction as defined in the <br />Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice <br />Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, <br />if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not <br />paid within 30 days of the date of the invoice, the Court may immediately cancel this <br />Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber <br />certifies that funds have been appropriated for the payment of charges under this Amendment for <br />the current fiscal year, if applicable. <br />14. MODIFICATION OF FEES. Court may modify the fees by amending the <br />Policies & Notices as provided herein, and the modified fees shall be effective on the date <br />specified in the Policies & Notices, which shall not be less than thirty days from the publication <br />of the Policies & Notices. Subscriber shall have the option of accepting such changes or <br />terminating this Amendment as provided in section 1 hereof. <br />15. WARRANTY DISCLAIMERS. <br />a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND <br />EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA <br />MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING <br />BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR <br />PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE <br />IMPLIED, WITH RESPECT. TO THE INFORMATION, SERVICES OR COMPUTER <br />PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. <br />b. ACCURACY AND COMPLETENESS OF INFORMATION. <br />WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, <br />COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE <br />ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE <br />COURT RECORDS. <br />8 <br />
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