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DATA SAFEKEEPING AND ACCESS AGREEMENT <br /> This Data Safekeeping and Access Agreement ("Agreement") is made and entered into <br /> this 10th day of November, 2016 by and between Elk River Municipal Utility and WH Security, <br /> LLC (collectively the "Parties"). <br /> RECITALS <br /> WHEREAS, Elk River Municipal Utilities owned and operated a security service; and <br /> WHEREAS, WH Security, LLC acquired the Elk River Municipal Utilities' security <br /> service assets; and <br /> WHEREAS, it is necessary for Elk River Municipal Utilities to provide historical <br /> customer and service data developed during Elk River Municipal Utilities' ownership and <br /> operation of the security service (the "Data") to WH Security, LLC in order for WH Security, <br /> LLC to provide effective security service to customers; and <br /> WHEREAS, WH Security, LLC will be responsible for safeguarding and maintaining <br /> the Data; and <br /> WHEREAS,the Parties intend to insure the Data is maintained in compliance with the <br /> Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13; and <br /> WHEREAS,the Parties intend to insure the Data is maintained in compliance with the <br /> Minnesota Official Records Act, Minnesota Statutes, Section 15.17; and <br /> WHEREAS,the Parties intend to insure the Data is maintained in compliance with the <br /> Minnesota Government Records Act, Minnesota Statutes, Section 138.17 and Elk River <br /> Municipal Utilities records Retention Schedule. <br /> NOW, THEREFORE, it is mutually agreed as follows: <br /> 1. Purpose. The purpose of this Agreement is to ensure that the Data is maintained <br /> by WH Security, LLC in compliance with the Minnesota Government Data Practices Act, <br /> Minnesota Statutes, Chapter 13; Minnesota Official Records Act, Minnesota Statutes Section <br /> 15.17; and Minnesota Government Records Act, Minnesota Statutes, Section 138.17; and Elk <br /> River Municipal Utilities records Retention Schedule, all as specified in the following Section 2. <br /> 2. Terms and Conditions. <br /> a. Elk River Municipal Utilities shall transfer the Data to WH Security, LLC. <br /> 56 <br />