Laserfiche WebLink
S.P.7102-127(T.H. 10) <br /> MnDOT Agreement Number 1027572 <br /> B. The Utility Owner does not waive any defense or immunity of third parties. The Utility <br /> Owner, in defending any action on behalf of the State, will be entitled to assert every <br /> defense or immunity that the State could assert on its own behalf. <br /> VI. Nondiscrimination <br /> Minnesota Statutes, section 181.59 and any applicable local ordinances pertaining to civil <br /> rights and nondiscrimination are considered part of this Agreement. <br /> VII. Governing Terms <br /> A. Data Practices: All parties must comply with the Minnesota Government Data <br /> Practices Act (Minnesota Statutes, chapter 13) as it applies to any data that a party to <br /> this Agreement receives, collects, stores, or disseminates under it. The Act provides <br /> civil liability for failure to comply with its requirements. <br /> B. Applicable Law: Minnesota law governs the validity, interpretation, and enforcement <br /> of this Agreement. Venue for all legal proceedings arising out of this Agreement or its <br /> breach must be in Ramsey County, Minnesota. <br /> C. Waiver: If a party fails to enforce any provision of this Agreement, that failure does <br /> not waive the provision or the party's right to subsequently enforce the provision or <br /> any subsequent breach of that provision. <br /> D. Merger: This Agreement contains all negotiations and agreements between the State <br /> and the Utility Owner with respect to the subject matter it contains. No prior <br /> understanding regarding this Agreement, whether written or oral, may be used to bind <br /> either party. <br /> E. Assignment: The Utility Owner may neither assign nor transfer any rights or <br /> obligations under this Agreement without the State's consent and a fully executed <br /> assignment agreement. To be valid, the assignment agreement must be signed and <br /> approved by the same parties who signed and approved this Agreement, or their <br /> successors in office. <br /> F. Amendments: Any amendment to this Agreement must be in writing. An amendment <br /> will not be effective until the same parties who signed and approved this Agreement, <br /> or their successors in office, sign and approve the amendment. <br /> G. Incorporation of Exhibits: All exhibits attached to this Agreement are incorporated into <br /> this Agreement. <br /> Page 6 of 8 <br /> 52 <br />