|
The City will prompdy noti.fy Grantee in writing of its determination and the reasons fox the
<br />texmir�,ati.on tagether with the date on which the tem�itiation shall take effect. Upon termination, the
<br />Citp retains the xight to recover any impxopex expenditutes from Gzantee and Grantee shall return
<br />to the City any improper expenditures no later than thirt.y {34) days after the date o�termination.
<br />6.2 Termii�ation for Convenience. Pursuane to 2 CFR 20Q Appendix II (B), this Gxant
<br />Agreement may also be Cernninated for convesuence by either the City or Grantee, in whole or in
<br />part, by setting £orth the reasons for such ter�unatio�, the effective date, and, in the case of partial
<br />termination, the partion to be terminated. If, in the case of a pattial termirsation, the citq
<br />detertnines that the remair�ing portion o£ the Grant award will not accomplish the purpose for
<br />which the awaxd was made; the city may terminate the award ir� its entirety. In the evex�t this Grant
<br />AgYeement is terminated by Grantee for convenience prior to completion of the Grant Proyect,
<br />Grantee shall pxompdy return to the City all Grant Funds received by Grat�tee.
<br />7. RELATIONSHTP BE'�'WEENTHEPARTIES.
<br />7.1 nde enden r� txactor. Nothing in this Agreement shall be construed as creating
<br />the relationship of co-partners, jaint ventures, or an association, aor shall Grantee, its emplopees,
<br />xepresentatives, or contractors be considered employees, agents, ar representatives of the City. Alt
<br />personnel of Grantee or other persons engaged in the performance of the Grant Project will not
<br />have a relaiaonship with the city and will not be considered amployees of the caty. Such persannel
<br />or other persons shall not be entitled to any comperisadon, rights, ar benefits of any kind from the
<br />Ciry, including, without limitation, Workers Compensation, medical care, disability, severance pay
<br />and retirement benefits.
<br />7.2 N enc . The City will not assume or accept any agreement, representadott,
<br />commitmesit, at warranty made by Grantee, nor shall the City be Qbligated for damages to any
<br />pexson or organization for personal injuries or property datnage dixecdy or indirectly arising out of
<br />Gxatitee's conduct or caused bp Grantee's negligence, willfui act, ar failure to act.
<br />$. INDEMNIFICA'I'IU.�i.
<br />The Grantee must indemnify, save, and hold the City, its vfficers, agents, and emplopees harmless
<br />fram any claims or causes of action, including attorney's fees incurxed by the City, arising from the
<br />petformance of tl�is Grant Agreement by the Gratitee ox the Gra.ntee's ageats, cantractors, ar
<br />employees. This clause will not be construed to bar any legal remedies the Grantee ma.y have £or
<br />the City's failuxe to fulfiil its obligations under this Grant Agreement
<br />9. GOVERNMENT DATA PRACTICES.
<br />The Grantee aud the City must comply with the M#nnesnta Govexnment Data Ptactices Act,
<br />Minn. Sta� Ch. 13, as it applies to all data created, colleeted, xeceived, maint�ined, or disseminated
<br />uttder this Grant Agteement. If Grantee receives a xequest to release data xeferred to in this
<br />sectian, Gxantee must immediately notifq the city. The City will give Grantee instructions
<br />concex�ing the release of the data to the requesting party before data is teleased. The Grantee's
<br />response to the request sha11 camply with applicable law.
<br />
|