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<br /> <br />(c) Upon occurrence of a Force Majeure Event, the Nonperforming Party shall <br />promptly notify the other party of occurrence of that Force Majeure Event, its effect <br />on performance, and how long that party expects it to last. Thereafter the <br />Nonperforming Party shall update that information as reasonably necessary. During <br />a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit <br />damages to the Performing Party and to resume its performance under this <br />agreement. <br /> <br />10. Data Practices. All data created, collected, received, maintained or disseminated <br />for any purpose in the course of this Contract is governed by the Minnesota Government <br />Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules <br />adopted to implement the act, as well as federal regulations on data privacy. <br /> <br />11. Copyright. If Rinkside uses any design, devise, material or process covered by <br />letters, patent or copyright, trademark or trade name, Rinkside shall provide for such use <br />by suitable legal agreement with the patentee or owner. If no such agreement is made <br />Rinkside shall indemnify and hold harmless the City from any and all claims for <br />infringement by reason of the use of any such patented designed, device, material or <br />process, or any trademark or trade name or copyright, and shall indemnify and defend the <br />City for any costs, liability, expenses and attorney's fees that result from any such <br />infringement. <br /> <br /> ISPORT NETWORKS LLC <br /> d/b/a RINKSIDE ADVERTISING NETWORK <br /> <br /> By:__________________________________________ <br /> Name:______________________________ <br /> Title:________________________________ <br /> <br /> <br /> CITY OF ELK RIVER <br /> <br /> By:____________________________________________ <br /> John J. Dietz, Mayor <br /> <br /> By:____________________________________________ <br /> Tina Allard, City Clerk <br /> <br /> <br />3 <br />188793v1 <br />