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8.3 SR 07-19-2021
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8.3 SR 07-19-2021
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7/28/2021 4:30:52 PM
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7/19/2021
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completion of the project, including cooperating in resolving any disputes the parties may have <br />with the contractor(s) both during the project and following completion of the project. <br />4.3 Notices. Any notices required or permitted to be given under this Agreement shall be <br />delivered personally or sent by certified mail to the other party as follows: <br />To the County: Andrew Witter <br />Sherburne County Engineer <br />Sherburne County Government Center <br />13880 Business Center Drive, Suite 100 <br />Elk River, MN 55330 <br />To the City: City Administrator <br />City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />4.4 Governing Law. This Agreement shall be governed by the laws of the State of <br />Minnesota. For the purpose of resolving conflicts related to or arising out of this Agreement, the <br />parties expressly agree that venue shall be exclusively in the State of Minnesota, County of <br />Sherburne. <br />4.5 Disbursement of Funds. All funds disbursed by the County or City pursuant to this <br />Agreement shall be disbursed by each entity pursuant to the method provided by law. <br />4.6 Audit. The parties shall maintain complete and accurate records with respect to costs <br />incurred and services performed under this Agreement for a period of at least six (6) years after <br />the termination of this Agreement. Pursuant to Minn. Stat. § 16C.05, Subd. 5, each party shall <br />allow the other party, the State Auditor, or their authorized representatives access to the books, <br />records, documents, and accounting procedures and practices relevant to the subject matter of the <br />Agreement, for purposes of audit. <br />4.7 Data Practices. All data created, collected, received, stored, used, maintained, or <br />disseminated for any purpose in connection with this Agreement is governed by the Minnesota <br />Data Practices Act, as well as other State and Federal rules and regulations relating to data <br />privacy. <br />4.8 Assignment and Delegation. Neither party shall assign its rights or delegate its duties <br />under this Agreement without receiving the prior written consent of the other party. <br />4.9 Liability. Each party will be solely responsible for its own acts and omissions and the <br />results thereof, to the extent authorized by law. The parties mutually agree to indemnify and hold <br />harmless each other from any claims, losses, costs, expenses or damages resulting from the acts <br />or omissions of the respective officers, agents, or employees relating to activities conducted by <br />either party under this Agreement. Minnesota Statutes Chapter 466 and other applicable laws <br />govern the parties' liability. <br />4.10 Severability. In the event that any portion of this Agreement shall be held to be invalid, <br />such invalidity shall not affect the validity of the remainder of this Agreement. <br />
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