|
has been executed and approved by the same parties who executed and approved the original Grant
<br />Contract Agreement, or their successors in office.
<br />7.3 Waiver
<br />If MHFA fails to enforce any provision of this Grant Contract Agreement, that failure does not waive
<br />the provision or MHFA's right to enforce it.
<br />7.4 Grant Contract Agreement Complete
<br />This Grant Contract Agreement contains all negotiations and agreements between MHFA and the
<br />Grantee. No other understanding regarding this Grant Contract Agreement, whether written or oral, may
<br />be used to bind either parry.
<br />8 Liability
<br />The Grantee must indemnify, save, and hold MHFA, its agents, and employees harmless from any claims or
<br />causes of action, including attorney's fees incurred by MHFA, arising from the performance of this Grant
<br />Contract Agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed
<br />to bar any legal remedies the Grantee may have for MHFA's failure to fulfill its obligations under this Grant
<br />Contract Agreement.
<br />9 State Audits
<br />Under Minn. Stat. § 16B.98, Subd.8, the Grantee's books, records, documents, and accounting procediges
<br />and practices of the Grantee or other party relevant to this Grant Contract Agreement or transaction are
<br />subject to examination by MHFA and/or the State Auditor or Legislative Auditor, as appropriate, for a
<br />minimum of six years from the end of this Grant Contract Agreement, receipt and approval of all final
<br />reports, or the required period of time to satisfy all state and program retention requirements, whichever is
<br />later.
<br />10 Government Date Practices and Intellectual Property Rights
<br />10.1 Government Data Practices
<br />The Grantee and MHFA must comply with the Minnesota Government Data Practices Act, Minn. Stat.
<br />Ch. 13, as it applies to all data provided by MHFA under this Grant Contract Agreement, and as it
<br />applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
<br />under this Grant Contract Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of
<br />the data referred to in this clause by either the 0Grantee or MHFA. If the Grantee receives a request to
<br />release the data referred to in this Clause, the Grantee must immediately notify MHFA. MHFA will
<br />give the Grantee instructions concerning the release of the data to the requesting party before the data is
<br />released. The Grantee's response to the request shall comply with applicable law.
<br />10.2 Intellectual Property Rights
<br />In the event that the Grantee secures a copyright protection on any of the work product created as part of
<br />the Project, the Grantee agrees to and does hereby grant to MHFA and its officers, agents, and
<br />employees acting within the scope of their official duties, a royalty -free, non-exclusive, and irrevocable
<br />license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so for
<br />the use by MHFA or the State of Minnesota, its divisions, instrumentalities, and local subdivisions, all
<br />materials, reports, writings, sound recordings, pictorial reproductions, drawings, or other graphical
<br />representations, and works developed and/or used in connection with the Project now or hereafter
<br />covered by copyright.
<br />11 Workers Compensation
<br />The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers'
<br />compensation insurance coverage. The Grantee's employees and agents will not be considered MHFA
<br />employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these
<br />employees and any claims made by any third party as a consequence of any act or omission on the part of
<br />these employees are in no way MHFA's obligation or responsibility.
<br />October 2021 Workforce Housing Development Program Competitive Grant Agreement
<br />
|