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4.10 SR 12-05-2022
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4.10 SR 12-05-2022
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12/2/2022 10:34:14 AM
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12/5/2022
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6. Severability <br />The provisions of this Agreement shall be deemed severable. If any part of this <br />agreement is rendered void, invalid or unenforceable, such rendering shall not affect the <br />validity and enforceability of the remainder of this Agreement unless the part or parts <br />which are void, invalid or otherwise unenforceable shall substantially impair the value of <br />the entire Agreement with respect to either party. <br />7. Compliance with Laws <br />A) In the event that there is a revision of Federal, State or local statute, rules or <br />other law, which might make services provided under the terms of this Agreement or <br />any portion thereof unlawful, all parties will review the Agreement and renegotiate those <br />terms necessary to bring the Agreement into compliance with the new law. Refusal to <br />renegotiate within seven (7) days of a request, so as to bring this Agreement into <br />compliance with the new law immediately shall be cause for termination of this <br />Agreement as of the date when the Agreement is out of compliance. <br />B) This agreement shall be governed by and construed in accordance with the <br />substantive and procedural laws of the State of Minnesota. All proceedings related to <br />this Agreement shall be venued in the County of Sherburne, State of Minnesota. <br />8. Data Practices <br />City and County agree to abide by the provisions of the Minnesota Government data <br />Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and <br />federal laws, rules, regulations and orders relating to data privacy or confidentiality, and <br />as any of the same may be amended. Each party agrees to defend, indemnify and hold <br />harmless the other, its commissioners, officials, officers, agents, employees and <br />volunteers for any claims resulting from their respective unlawful disclosure and/or use <br />of such protected data. The terms of this paragraph shall survive the cancellation or <br />termination of this Agreement. <br />9. Approval of Joint Powers Agreement <br />This amended agreement must be approved by the Sherburne County Board of <br />Commissioners, the County Attorney, and the Elk River City Council. Upon approval <br />by the County, the County Attorney, and the City, this Agreement shall be deemed to <br />have repealed the prior joint powers agreement and this agreement shall be effective <br />immediately upon repeal of the prior agreement. <br />3 <br />
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