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The City will promptly notify Grantee in writing of its determination and the reasons for the
<br />termination together with the date on which the termination shall take effect. Upon termination,
<br />the City retains the right to recover any improper expenditures from Grantee and Grantee shall
<br />return to the City any improper expenditures no later than thirty (30) days after the date of
<br />termination.
<br />6.2 Termination for Convenience. Pursuant to 2 CFR 200 Appendix II (B), this Grant
<br />Agreement may also be terminated for convenience by either the City or Grantee, in whole or in
<br />part, by setting forth the reasons for such termination, the effective date, and, in the case of partial
<br />termination, the portion to be terminated. If, in the case of a partial termination, the city
<br />determines that the remaining portion of the Grant award will not accomplish the purpose for
<br />which the award was made; the city may terminate the award in its entirety. In the event this Grant
<br />Agreement is terminated by Grantee for convenience prior to completion of the Grant Project,
<br />Grantee shall promptly return to the City all Grant Funds received by Grantee.
<br />7. RELATIONSHIP BETWEEN THE PARTIES.
<br />7.1 Independent Contractor. Nothing in this Agreement shall be construed as creating
<br />the relationship of co-partners, joint ventures, or an association, nor shall Grantee, its employees,
<br />representatives, or contractors be considered employees, agents, or representatives of the City. All
<br />personnel of Grantee or other persons engaged in the performance of the Grant Project will not
<br />have a relationship with the city and will not be considered employees of the city. Such personnel
<br />or other persons shall not be entitled to any compensation, rights, or benefits of any kind from the
<br />City, including, without limitation, Workers Compensation, medical care, disability, severance pay
<br />and retirement benefits.
<br />7.2 No Agency. The City will not assume or accept any agreement, representation,
<br />commitment, or warranty made by Grantee, nor shall the City be obligated for damages to any
<br />person or organization for personal injuries or property damage directly or indirectly arising out of
<br />Grantee's conduct or caused by Grantee's negligence, willful act, or failure to act.
<br />8. INDEMNIFICATION.
<br />The Grantee must indemnify, save, and hold the City, its officers, agents, and employees harmless
<br />from any claims or causes of action, including attorney's fees incurred by the City, arising from the
<br />performance of this Grant Agreement by the Grantee or the Grantee's agents, contractors, or
<br />employees. This clause will not be construed to bar any legal remedies the Grantee may have for the
<br />City's failure to fulfill its obligations under this Grant Agreement.
<br />9. GOVERNMENT DATA PRACTICES.
<br />The Grantee and the City must comply with the Minnesota Government Data Practices Act, Minn.
<br />Stat. Ch. 13, as it applies to all data created, collected, received, maintained, or disseminated under
<br />this Grant Agreement. If Grantee receives a request to release data referred to in this section,
<br />Grantee must immediately notify the city. The City will give Grantee instructions concerning the
<br />release of the data to the requesting party before data is released. The Grantee's response to the
<br />request shall comply with applicable law.
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