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<br />CFMS Contract No. <br />T-Number <br /> <br />21 Data Disclosure <br />Under Minn. Stat. S 270.66, and other applicable law, the Local Government consents to disclosure of its federal <br />employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to <br />federal and state tax agencies and state personnel involved in the payment of state obligations. These <br />identification numbers may be used in the enforcement of federal and state tax laws which could result in action <br />requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. <br /> <br />22 Defense of Claims and Lawsuits <br />If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors <br />and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master <br />Contract, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such <br />claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, <br />be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action <br />asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not <br />purport to represent the State in any litigation, settlement, or alternative dispute resolution' process. The State will not be <br />responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement <br />entered into by the Local Government except with the written approval ofthe Attorney General and the Commissioner of <br />Transportation and pursuant to applicable law. <br /> <br />23 Additional Provisions <br />23.1 Foreign Outsourcing Prohibited. If the Local Government lets a contract for professionaVtechnical or other <br />services pursuant to any work order, the Local Government will require proposing vendorslbidders to disclose where work <br />will be performed, and will use the extent to which services will be performed in the United States as a factor in <br />determining the "best value" in awarding any such contract. It is the State's policy that state funds spent on contracts <br />remain in the United States to the maximum extent possible. <br /> <br />[the balance of this page has intentionally been left blank] <br /> <br />2/15/2005 <br /> <br />10 <br />