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7.1. HRSR 01-07-2019
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7.1. HRSR 01-07-2019
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1/8/2019 8:49:19 AM
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HRSR
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1/7/2019
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6. Cancellation of Agreement. This Agreement may be canceled by the HRA or <br />Administrator at any time, with or without cause, upon thirty (30) days written notice to <br />other party. In the event of such a cancellation, the Administrator shall be entitled to <br />administrative fee payment, determined on a pro -rata basis, for work or services <br />performed. <br />7. Term of Agreement. This Agreement shall be effective as of the date first written above <br />and shall remain in effect until December 31, 2018, unless sooner terminated due to <br />project completion or in accordance with the provisions contained herein. <br />8. Record Keeping and Reporting. The Administrator shall supply such records and <br />receipts as are necessary for the HRA to verify complete and total compliance with the <br />Program. The Administrator shall retain all records in connection with each project and <br />will forward applicable files to the HRA for each project to set up loan payment schedule. <br />Pursuant to Minnesota Statutes § 16C.05, Subd. 5, the Administrator agrees that the <br />books, records, documents, and accounting procedures and practices of the Administrator <br />that are relevant to or arise as a result of the Administrator's performance under this <br />Agreement, are subject to examination by the HRA and the state auditor or legislative <br />auditor for a minimum of six years. The Administrator shall maintain such records for a <br />minimum of six years after final payment. <br />9. Data Practices. The Administrator agrees, with respect to any data that is possesses <br />regarding the Program, to comply with all of the provisions and restrictions contained in <br />the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13). <br />10. Liability. The Administrator and the HRA agree that they will be responsible for their <br />own acts and omissions and the results thereof to the extent authorized by law, and they <br />shall not be responsible for the acts and omissions of the other party and the results <br />thereof. Nothing in this Agreement shall constitute a waiver or limitation of any <br />immunity or limitation on liability to which the HRA is entitled. The parties agree that <br />these indemnification obligations will survive the completion or termination of this <br />Agreement. <br />11. Relationship of the Parties. The Administrator is an independent contractor. Nothing <br />contained in this Agreement is intended or should be construed in any manner as creating <br />or establishing the relationship of co-partners or a joint venture between the parties <br />hereto, nor shall the Administrator be considered or deemed to be an employee of the <br />HRA in the performance of this Agreement. The Administrator' duties will be performed <br />with the understanding that Administrator has special expertise as to the services which <br />the Administrator is to perform and is customarily engaged in the independent <br />performance of the same or similar services for others. <br />3 <br />
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