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materials, if any, and logon account information; or (2) destroy the same and certify
<br />in writing to the Court that the same have been destroyed.
<br />8.7 Reasonable Security Measures. The Court may add reasonable security measures
<br />including, but not limited to, a time-out feature, to Court Data Services Programs.
<br />9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the
<br />Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government
<br />Subscriber's obligations under this Agreement are not specifically enforced and that the
<br />Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in
<br />the event of an actual or threatened violation by Government Subscriber of its obligations.
<br />Therefore, Government Subscriber agrees that the Court, SCAO, SCAO's licensors, and
<br />DCA shall be entitled to an injunction or any appropriate decree of specific performance for
<br />any actual or threatened violations or breaches by Government Subscriber or Government
<br />Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors,
<br />or DCA showing actual damages or that monetary damages would not afford an adequate
<br />remedy. Unless Government Subscriber is an office, officer, agency, department, division,
<br />or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court,
<br />SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court,
<br />SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement.
<br />10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as
<br />otherwise expressly provided herein, each party will be responsible for its own acts and the
<br />results thereof to the extent authorized by law and shall not be responsible for the acts of any
<br />others and the results thereof. Liability shall be governed by applicable law. Without
<br />limiting the foregoing, liability of the Court and any Government Subscriber that is an
<br />office, officer, agency, department, division, or bureau of the state of Minnesota shall be
<br />governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section
<br />3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber
<br />is a political subdivision of the state of Minnesota, liability of the Subscriber shall be
<br />governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or
<br />other applicable law.
<br />11. AVAILABILITY. Specific terms of availability shall be established by the Court and set
<br />forth in the Polices & Notices. The Court reserves the right to terminate this Agreement
<br />immediately and/or temporarily suspend Government Subscriber's approved Court Data
<br />Services in the event the capacity of any host computer system or legislative appropriation
<br />of funds is determined solely by the Court to be insufficient to meet the computer needs of
<br />the courts served by the host computer system. Monthly fees, if any, shall be prorated only
<br />for periods of suspension or upon termination of this Agreement.
<br />12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber
<br />set forth in this section are in addition to the other obligations of the Government Subscriber
<br />set forth elsewhere in this Agreement.
<br />12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all
<br />policies identified in applicable Policies & Notices. Upon failure of the Government
<br />Subscriber to comply with such policies, the Court shall have the option of
<br />immediately suspending or terminating the Government Subscriber's Court Data
<br />Services on a temporary basis and/or immediately terminating this Agreement.
<br />Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
<br />Page 10 of 14
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