4.9. SR 05-04-2015 - Laserfiche WebLink

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employees, agents, or representatives will not be considered employees of the City for any purposes. 8. ASSIGNMENT. Contractor may not assign or sublet the concession stand. 9. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Sherburne County 10. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 11. MISCELLANEOUS. A. City vending machines are located in the YAC. These vending machines will stay in place and are not part of this Agreement. B. Advertising. Contractor has non-exclusive right to advertise concession products at the YAC. The Contractor assumes all cost for any advertising efforts undertaken. The City must approve the size and location of any Contractor signage and product signage. C. The City may at any time during the active period of this Agreement require an audit of Contractor’s financial records related to the concessions operations; including receipt and expense reports. D. Sales Tax. The Contractor will be solely responsible for collecting all applicable sales tax and distributing the tax to the proper taxing authorities. E. The City is not responsible for monitoring, restricting, or enforcing any limits on non-concession food or drink items being brought into park areas unless determined by City ordnance. F. The City may provide some existing equipment for the use of the Contractor for the term of the Agreement. Maintenance of equipment and expenses for maintenance will be 181405v1 3