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federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
<br />found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
<br />6. Authorized Representative
<br />The State's Authorized Representative is: James R. Anderson, Beneficial Reuse Program Project Manager,
<br />Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155, 651-757-2193,
<br />james.anderson@state.mn.us, or his successor, who has the responsibility to monitor the Grantee's performance and
<br />the authority to accept the services provided under this Grant Contract. If the services are satisfactory, the State's
<br />Authorized Representative will certify acceptance on each invoice submitted for payment.
<br />The Grantee's Authorized Representative for purposes of this Grant Contract is: Justin Femrite, P.E., City Engineer,
<br />13065 Orono Parkway, Elk River, Minnesota 55330, 763-635-1051, jfemrite@ci.elk-river.mn.us, or his successor. If
<br />the Grantee's Authorized Representative changes at any time during this Grant Contract, the Grantee must
<br />immediately notify the State.
<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
<br />and the Grantee. No other understanding regarding this Grant Contract, whether written or oral, may be used to
<br />bind either party.
<br />8. Liability
<br />The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes
<br />of action, including attorney's fees incurred by the State, arising from the performance of this Grant Contract by the
<br />Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the
<br />Grantee may have for the State's failure to fulfill its obligations under this Grant Contract.
<br />9. State Audits
<br />Under Minnesota Statutes § 16C.05, Subdivision 5, the Grantee's books, records, documents, and accounting
<br />procedures and practices relevant to this Grant Contract are subject to examination by the State and/or the State
<br />Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Contract.
<br />10. Government Data Practices and Intellectual Property
<br />10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
<br />Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Grant
<br />Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by
<br />the Grantee under this Grant Contract. The civil remedies of Minnesota Statutes § 13.08 apply to the release of
<br />the data referred to in this clause by either the Grantee or the State.
<br />If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately
<br />notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting
<br />party before the data is released.
<br />10.2 Intellectual Property Rights.
<br />10.2.1 Intellectual Property Rights. All rights, title, and interest to all intellectual property rights,
<br />including all copyrights, patents, trade secrets, trademarks, and service marks in the Works and
<br />Grant (Rev. 11/08)
<br />CR4377
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