4.10. SR 12-17-2012 - Laserfiche WebLink

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MnDOT Agreement# 02482 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction,as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws,rules,and regulations.The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. 9. Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government's Authorized Representative for administering this master contract is the Local Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's performance.The Local Government's Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government's Project Manager will be identified in each work order contract. 10. State's Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State's performance. 10.2. The State's Project Manager will be identified in each work order contract. 11. Assignment,Amendments,Waiver,and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this Master Contract or any work order contract without the prior consent of the other and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Master Contract, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract,that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and agreements between the State and the Local Government.No other understanding regarding this master contract or any work order contract issued hereunder,whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law.The Local Government's liability is governed by Minnesota Statutes chapter 466 and other applicable law. The State's liability is governed by Minnesota Statutes section 3.736 and other applicable law.This clause will not be construed to bar any legal remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any work order contract.Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a"Contractor"to the Requesting Party,as the term"Contractor"is defined in Minnesota Statutes §115B.03 (subd. 10),and is entitled to the protections afforded to a"Contractor"by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minnesota Statutes §471.59 subdivision 1 a will apply to any work undertaken under this Master Contract and any work order issued hereunder. Page 8 of 14 CM Master Partnership Contract(CM Rev.11/02/2012)