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5.9. SR 01-07-2019
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5.9. SR 01-07-2019
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1/7/2019
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6. Severability <br /> The provisions of this Agreement shall be deemed severable. If any part of this <br /> agreement is rendered void, invalid or unenforceable, such rendering shall not affect the <br /> validity and enforceability of the remainder of this Agreement unless the part or parts <br /> which are void, invalid or otherwise unenforceable shall substantially impair the value of <br /> the entire Agreement with respect to either party. <br /> 7. Compliance with Laws <br /> A) In the event that there is a revision of Federal, State or local statute, rules or <br /> other law, which might make services provided under the terms of this Agreement or <br /> any portion thereof unlawful, all parties will review the Agreement and renegotiate those <br /> terms necessary to bring the Agreement into compliance with the new law. Refusal to <br /> renegotiate within seven (7) days of a request, so as to bring this Agreement into <br /> compliance with the new law immediately shall be cause for termination of this <br /> Agreement as of the date when the Agreement is out of compliance. <br /> B) This agreement shall be governed by and construed in accordance with the <br /> substantive and procedural laws of the State of Minnesota. All proceedings related to <br /> this Agreement shall be venued in the County of Sherburne, State of Minnesota. <br /> 8. Data Practices <br /> City and County agree to abide by the provisions of the Minnesota Government Data <br /> Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and <br /> federal laws, rules, regulations and orders relating to data privacy or confidentiality, and <br /> as any of the same may be amended. Each party agrees to defend, indemnify and hold <br /> harmless the other, its commissioners, officials, officers, agents, employees and <br /> volunteers for any claims resulting from their respective unlawful disclosure and/or use <br /> of such protected data. The terms of this paragraph shall survive the cancellation or <br /> termination of this Agreement. <br /> 9. Approval of Joint Powers Agreement <br /> This amended agreement must be approved by the Sherburne County Board of <br /> Commissioners, the County Attorney, and the Elk River City Council. Upon approval <br /> by the County, the County Attorney, and the City, this Agreement shall be deemed to <br /> have repealed the prior joint powers agreement and this agreement shall be effective <br /> immediately upon repeal of the prior agreement. <br /> 3 <br />
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