7.3 HRSR 12-05-2016 - Laserfiche WebLink

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6. Cancellation of Agreement. This Agreement may be canceled by the HRA or Administrator at any time, with or without cause, upon thirty (30) days written notice to other party. In the event of such a cancellation, the Administrator shall be entitled to administrative fee payment,determined on a pro-rata basis,for work or services performed. 7. Term of Agreement. This Agreement shall be effective as of the date first written above and shall remain in effect until December 31,2017,unless sooner terminated due to project completion or in accordance with the provisions contained herein. 8. Record Keeping and Reporting.The Administrator shall supply such records and receipts as are necessary for the HRA to verify complete and total compliance with the Program. The Administrator shall retain all records in connection with each project and will forward applicable files to the HRA for each project to set up loan payment schedule. Pursuant to Minnesota Statutes § I 6C.05, Subd. 5,the Administrator agrees that the books, records,documents,and accounting procedures and practices of the Administrator that are relevant to or arise as a result of the Administrator's performance under this Agreement, are subject to examination by the HRA and the state auditor or legislative auditor for a minimum of six years. The Administrator shall maintain such records for a minimum of six years after final payment. 9. Data Practices. The Administrator agrees, with respect to any data that is possesses regarding the Program, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13). 10. Liability.The Administrator and the HRA agree that they will be responsible for their own acts and omissions and the results thereof to the extent authorized by law, and they shall not be responsible for the acts and omissions of the other party and the results thereof. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the HRA is entitled. The parties agree that these indemnification obligations will survive the completion or termination of this Agreement. 11. Relationship of the Parties. The Administrator is an independent contractor. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the parties hereto, nor shall the Administrator be considered or deemed to be an employee of the HRA in the performance of this Agreement. The Administrator' duties will be performed with the understanding that Administrator has special expertise as to the services which the Administrator is to perform and is customarily engaged in the independent performance of the same or similar services for others. 12. Compliance with Laws. The Administrator shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date of this Agreement. 3