4.7. SR 03-06-2017 - Laserfiche WebLink

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19. Fees. The Operator, in its sole discretion, may set the fees for use of the Golf Course but agrees that the fees for 2017 shall be the maximum set forth in Exhibit C, attached hereto and made a part hereof. The Operator, in its sole discretion, shall set the fees for tournament play. The Operator shall provide monthly reports to the City regarding all revenue collected. The monthly reports shall be provided to the City by the 1 ofh of the following month. 20. Bond. The Operator shall be required to have a performance and payment bonds in the amount of$25,000.00. The bond shall be in effect during the entire term of this agreement. 21. Log. The Operator shall create and maintain a general maintenance log of all equipment listed in Exhibit A, attached hereto and made a part hereof. 22. Repairs and Replacement. Equipment repairs or replacement agreed upon by the City shall be the financial responsibility of the City and shall be done by the City. The Operator shall, however, be responsible for any repairs or replacements due to any negligence or willful misconduct. 23. Controlling LawNenue. 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 Minnesota. 24. Minnesota Government Data Practices Act. Operator 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 Operator pursuant to this Agreement. Operator 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 Operator receives a request to release data, Operator must immediately notify City. City will give Operator instructions concerning the release of the data to the requesting party before the data is released. Operator agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Operator's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 25. Assignment. The Operator shall not assign this agreement, or its rights, title or interest herein without the express prior written consent of the City. 26. Termination. The City shall have the right to terminate this agreement if: a. Operator is adjudged bankrupt or makes an assignment for the benefit of creditors; or b. A receiver or liquidator is appointed for Operator or for any of its property and is not dismissed within twenty (20) days after such appointment or the proceeding in connection therewith are not stayed on appeal within twenty (20) days; or d. Operator fails to make prompt payment of fees; or e. Operator is guilty of a substantial violation of any provision in this contract. [Remainder of Page Intentionally Left Blank.] Page 6of11 1914541